FCC Web Documents citing 54.507

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

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  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests for each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and
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  • set aside to: (a) fund the Commission's waiver of the September 30, 1999, Year 1 implementation deadline for certain classes of schools and libraries applicants; and, (b) provide contingency funding for Year 1 appeals pending before the Commission. See USAC Filing for First Quarter 2001 at 28. See USAC Filing for First Quarter 2001 at 22. See 47 C.F.R. � 54.507. See also Proposed Fourth Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, DA 00-2065 at 2-3 (rel. Sept. 8, 2000). See USAC Filing for First Quarter 2001 at 29-30. The revenues on which contributions are assessed in the first quarter of 2001 are the revenues reported on the September 2000 Worksheet for the
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  • rules and procedures. By entering into an agreement prior to the allowable contract date established by SLD, Sackets Harbor failed to comply with the Commission's competitive bidding requirement. We conclude, moreover, that Sackets Harbor has not presented adequate grounds for grant of a waiver of the 28-day posting requirement. We granted waivers of the 28-day posting requirement and/or the section 54.507(g) filing window deadline in two cases where posting delays caused the waiting period to extend past the filing window deadline, and the applicants, upon discovering the delays, contacted SLD to determine how to proceed. In contrast, SLD's posting delay in this case did not cause Sackets Harbor's waiting period to extend past the filing window deadline of April 6, 1999.
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  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d), (e). In the Tenth Reconsideration Order, the Commission extended the Year 1 deadline for schools and libraries to use their discounts on non-recurring services from June 30, 1999 to September 30, 1999. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983 (1999) (Tenth Reconsideration Order). The initial Year 2 deadline was
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  • Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to
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  • prepared and thereafter attempted to file the forms. We have reviewed the record before us and conclude that Homer has not demonstrated a reasonable basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. By filing late, Homer ran the risk of not receiving any funding. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. While the school may employ consultants to assist it, the school ultimately bears the responsibility of completing
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  • reviewed the record before us and conclude that ICS has not demonstrated a sufficient basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. ICS is subject to the funding priorities set forth in section 54.507(c) of the Commission's rules which states that funds will be available on a first-come-first-served basis. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. The applicant bears the burden of getting its forms and other information to SLD for processing within the established deadline if the applicant wishes to be considered with
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window for
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
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  • April 25, 1997. These dates are established by copies of the three service agreements between Bell Atlantic and Altoona included in the record. Under the Commission's rules, funds available for discounted services are provided on a first-come-first-served basis, but applications filed within an initial filing period (the filing window) are treated as if they were received simultaneously. 47 C.F.R. � 54.507(c). In Funding Year 1, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window (which closed on April 15, 1998) received funding. See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Connect2 Internet Networks, Inc., filed January 19, 2000. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Grannum, Epiphany Lutheran School, dated September
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Marshall requests a
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  • Division, Universal Services Administrative Company, to Karen Aeppli, Santa Anna Unified School District, dated March 2, 2001 (Administrator's Decision on Appeal), at 1. Request for Review at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). 01-1514 01-1514 4 5 ' `` �
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. By letter dated
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking).. FCC Form 471, Southeastern Ohio Voluntary Education Cooperative, filed January 18 (SEOVEC Funding Year
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Egg Harbor City Public Schools, Egg Harbor City, New Jersey, issued January 29, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order) See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • (January 1-December 31), and therefore it could have requested funding for the entire year. See Universal Service Order, 12 FCC Rcd at 9057, para. 535. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Federal Communications Commission DA 01-1825 � � *  ``
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  • See Letter of Appeal of Fort Wayne Community School District to Federal Communications Commission, filed July 1, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
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  • Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries
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  • Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). Letter from Schools
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See Waiver Request. See id; Letter from Deborah Brush,
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
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  • Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c); 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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  • C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 3, applicants that filed their FCC Form 471s electronically were required to submit the signed Block 6 certifications separately, no later than January 31, 2000. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie Marker, dated February 2, 2001. See FCC Forms
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  • 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364,
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  • 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour past the 11:59 p.m. close of the filing
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  • 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA 01-2063 Federal Communications Commission DA 01-2063 E F
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  • Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, Report and Order in CC Docket No. 00-256, 16 FCC Rcd. 11244 (rel. May 23, 2001) (detailing reforms to the high-cost support mechanism for rural telephone companies). USAC Filing for Fourth Quarter 2001 Projections at 23. Id. See 47 C.F.R. � 54.507. See e.g. Proposed First Quarter 2001 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 00-2764 (rel. Dec. 8, 2000). See USAC Filing for Fourth Quarter 2001 Contribution Base at 4. The revenue base on which contributions are assessed in the fourth quarter of 2001 is derived from the revenues reported on the Second Quarter 2001 Telecommunications Reporting
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  • request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. � 1.3. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } � =�6�
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of certifications to January 31, 2000. Id. Waiver Request; Letter from Cheryl Bjoin, Watonwan County Library, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13,
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  • 255, to Schools and Libraries Division, dated March 9, 2000. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). Id at 7. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule 47 C.F.R. � 54.507(g). It is to applicant's advantage, therefore, to ensure that the Administrator receives
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  • 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries Division, Universal Service Administrative Company, to David Jobe,
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  • from the Commission. 47 C.F.R. � 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). .
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  • Application Three satisfied the Commission's competitive bidding requirement, it was not eligible for in-window funding priority. NYMA filed Application Three on February 28, 2000. In Funding Year 3, the filing window for applications closed on January 19, 2000. Since Application Three was filed after this filing window deadline, the application was subject to separate funding priorities under Commission rules. Section 54.507(c) of the Commission's rules states that fund discounts will be available for out-of-window applications on a first-come-first-served basis. In Funding Year 3, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window received funding. Accordingly, we conclude that it was appropriate for SLD to determine that the funding requests in Application
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >. FCC Form 470, Bear Lake County Public Library, Montpelier, Idaho, filed December 28, 1999. FCC Form 471, Bear Lake County Public Library, Montpelier, Idaho, filed January 28, 2000. Waiver Request. Waiver Request. >. Id. FCC Form 471, Bear Lake County Library District, Montpelier, Idaho, filed January 28, 2000. Northeast Cellular Telephone Co. v. FCC,
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  • 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to
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  • March 23, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC Form 471. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dominic Butler, Montville Township School District, dated April 14, 2000 (Funding Commitment Decision Letter). Letter from Dominic J. Butler, Montville Township Public Schools, filed
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  • Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries Division, Universal
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  • A. Brott, Powell County High School, to Federal Communications Commission, filed July 3, 2000 (Request for Review); see also Letter from Joseph A. Brott, Powell County High School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Powell County High School, filed January 19, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal supra note 1, at 1.
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  • from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. 47 C.F.R. � 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 418 F.2d at 1159
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  • light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W. Jensen Library, dated December 19, 2000. Waiver Request.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Id. 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick Public Schools, to the Universal Service Administrative Company, filed March 9, 2001 (SLD Waiver Request). See FCC
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 4 Form
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Request for Review by Hamilton County School Board, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-173624, CC Dockets No. 96-45 and 97-21, Order, DA 01-876, paras. 3, 6 (Com. Car. Bur.
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order, 15
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  • 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order,
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  • Unit School District #176, to Federal Communications Commission, filed June 30, 2000 (Request for Review); see also Letter from Dennis Smith, Trico Community Unit School District #176, to Schools and Libraries Division, Universal Service Administrative Company, dated March 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Trico Community Unit School District #176, filed January 18, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal,
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of
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  • 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. � 1.3. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area School District, filed February 10, 1998. FCC Form 471, Trinity Area School District, filed April 20, 1998.
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  • on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. � 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order, 15 FCC Rcd 13932 (2000) (Year 3
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  • COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. > (noting that for Funding Year 3, the filing window for FCC
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  • review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 5 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply
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  • Peru Central stated, "Funding Year July 1, 1999- 30- Jun-00," indicating a request for Funding Year 2.15 4. In attempting to resolve this discrepancy, SLD tried unsuccessfully to contact Peru Central on December 28, 1999.16 On January 3,2000, SLD representatives contacted Peru Central 3 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 6 47 C.F.R. � 54.504(c). 7 47 C.F.R. � 54.507(c). 8 47 C.F.R. � 54.507(g). 9 Waiver Request; SLD web site, What's New (December 6, 1999) . 10 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 1' Waiver Request. 12 SLD's systems register the date and time that any applicant begins and completes the application process on-line. SLD's records reflect no on-line filing attempts by Peru Central in Funding Year
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission DA 01-2807 d e � � � v v =�6�
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Request for Review by Hamilton County School Board, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-173624, CC Dockets No. 96-45 and 97-21, Order, DA 01-876, paras. 3, 6 (Com. Car. Bur.
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471, South Kingstown Public Library, Peace Dale, Rhode Island, filed March 8, 2000. Letter from Connie Lachowicz,
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  • COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed when received by SLD. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Lee E. Kelm, Finley-Sharon Public School, to Federal Communications Commission, filed August 7, 2000 (Request for Review); see also Letter from Lee E. Kelm, Finley-Sharon Public School, to Schools and Libraries Division, Universal Service Administrative Company, dated June 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Finley-Sharon Public School, filed January 10, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal, at 1. Id. Id.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jim Burgess, Kansas Independent
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  • 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). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover Public Schools, Smackover, Arkansas, filed February 17, 2000. Letter from Leland Watts, Smackover Public Schools, Smackover, Arkansas,
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  • Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). Id. 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96- 45, 13 FCC Rcd
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  • Pioneerland Library System, to Schools and Libraries Division, Universal Service Administrative Company, dated February 16, 1999. See Letter of the Schools and Libraries Division, Universal Administrative Company, to Beth Lunn, Pioneerland Library System, dated May 14, 1999 (Administrator's Decision on Appeal). Under the Commission's rules, the application period for each funding year begins with a filing window. 47 C.F.R. � 54.507(c). All applications filed during this window are deemed simultaneously filed for funding priority purposes. 47 C.F.R. � 54.507(c). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of internal connections and
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  • Directors of the National Exchange Carrier Association, Inc, File No. SLD-113262, CC Dockets No. 96-45 and 97-21, DA 00-1517, Order, para. 7 (Com. Car. Bur. rel. July 10, 2000). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �� 54.504 et seq. Federal Communications Commission DA 01-506 Federal Communications Commission DA 01-xxx F F � � � �
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  • Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). See SLD Letter of Appeal at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. In re Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4707-08, para. 22 (1991) (citing Office of Personnel Management v. Richmond, 497 U.S. 1046 (1990)). A person relying on informal advice given by staff does so at his
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  • Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01- 525 Federal Communications Commission DA 01-525 � � �� �@��� @& �0� �0� �0� �0� �0� �0� ��� � �
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  • remote access, such access must only be from sites for which services would be eligible for discount under the program. See November 9, 1999, Request for Review at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-585 -585 \ ] � 9 � � �
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  • reviews the FCC Form 471 and is responsible for determining whether the discounts sought by applicants are eligible for funding. Request for Review at 2-4. The supporting documentation indicates that the cost of the 5-year warranty for the main library (Copley Square) that is the subject of this funding request is $10,696. See BPL Summary Cost Response. 47 C.F.R. � 54.507(e). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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  • Cook, Schools and Libraries Division, Universal Service Administrative Company, dated August 9, 1999, at 2-4 (listing proposed services from Bellsouth, including ineligible voicemail and phonesets). See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01-652 Federal Communications Commission DA 01-XXX � � � � �@��� � @& �0� �0� �0� �0� �0� �0� ��� �
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  • Appeal at 1. Request for Review at 2. Id. at 5. Id. at 6-7. Request for Review, attachments. , dated March 27, 1998. See Request for Review at 7. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-653 s t � � � � �
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  • Rcd 3416 (Common Carrier Bur. 1999). We note that, in certain situations, we would consider a date-stamped postal return receipt to be persuasive evidence that a communication had in fact been received by SLD. The Commission has established rules of priority for the distribution of support when total demand exceeds total support available for the funding year. See 47 C.F.R. 54.507(g). (continued....) Federal Communications Commission DA 01-65 Federal Communications Commission DA 01-65 [ \ � @& �0� �0� �0� �0� �0� �0� ��� ] `
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  • Carrier Bureau Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96045, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998)(Fifth Reconsideration Order); 47 C.F.R. � 54.507(d), (e). Schools and libraries are required to use their discounts for non-recurring services by June 30, but the Year 2 deadline was extended from June 30, 2000 to September 30, 2000. See Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 1, and 14920, para. 8; Federal-State Joint Board on Universal Service, Order, CC Docket No. 96-45, 15 FCC Rcd
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  • Letter from Jean Reicks, St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See
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  • and Libraries Division, Universal Service Administrative Co., to John Ardoin, St. Landry Parish School Board, filed March 1, 2000, at 1 (Administrator's Decision on SPIN Change). Id. Request for Review at 2. FCC Forms 471 received during the filing window receive priority for support as compared to applicants that file their applications after the window has closed. 47 C.F.R. � 54.507(g). Request for Review at 2. FCC Form 471, St. Landry Parish School District, filed March 26, 1999, at 2. Request for Review at 2. Request for Review at 2. Copan Order, 15 FCC Rcd 5498, � 6. 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (Oct.
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  • 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 signing and submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In Funding Year 2, the filing window for priority funding closed on April 6, 1999. The Commission's rules also provide that applicants filing outside the established window will
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  • action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • at 1. Request for Review. We note that SLD has no record of receipt of the revised list Delano states that it sent to SLD. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Common Carrier Bur. rel. July 10, 2000); Request for Review of the Decision of the
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  • filed May 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) (Window Notice). In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935-13936, paras. 8, 9. Id. Year 3
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  • from Kenneth Sutton, Capitol Region Library Council, to Federal Communications Commission, dated July 13, 2001 (Request for Review); see also Letter from Kenneth Sutton, Capitol Region Library Council, to Schools and Libraries Division, Universal Service Administrative Company, dated April 13, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Capitol Region Library Council, filed January 16, 2001. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Capitol Region Library Council, dated March 23, 2001 (Minimum Processing Standards Letter). SLD Appeal, at
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  • filed September 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Charles Gibson Public Library, filed January 18, 2001 (Gibson Library Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Denise Weese, Charles Gibson Public Library, dated August 21, 2001 (Rejection Letter). Id. Rejection Letter. Request for Review. Minimum Processing Standards. See Gibson
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  • filed June 15, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935-13936, paras. 8, 9. Id. Year 3 Server
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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. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate 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
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants are held harmless in the event of a failure of the postal system or courier to deliver
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  • Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, dated June 22, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See,
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  • rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >.
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  • key phones as ineligible charges in its FCC Form 471. Id. Id., Administrator's Decision on Appeal at 2. See Request for Review. Id. 47 C.F.R. � 54.504 et seq. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-133664, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 25610 (Com. Car. Bur. 2000). 02-1124 02-1125 U V � � 2 8 U 8 � �
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  • Webb, Cooperative Educational Service Agency #2, to Federal Communications Commission, dated July 24, 2001 (Request for Review); see also Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Schools and Libraries Division, Universal Service Administrative Company, dated April 19, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Cooperative Educational Service Agency #2, filed January 18, 2001. Id. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Cooperative Educational Service Agency #2, dated March 22, 2001 (Minimum Processing Standards Letter).
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  • filed January 2, 2002 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Macon County R-I School District, filed February 20, 2001 (electronic filing date and postmark on envelope containing certification page). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Harold Brown, Macon
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  • provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • filed August 16, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000) . Waiver Request. See FCC Form 470, Queen of Peace Elementary School, posted November 29, 2000; Waiver Request. FCC Form 471, Queen of Peace Elementary School, filed March 15, 2001 (envelope containing Block 6 certification page and Item 21 attachment with postmark of March 15, 2001). Waiver
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.502-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park School, dated October 31, 2001 (Administrator's Decision on Waiver Request). Waiver Request at 1, 3 (attaching
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  • provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. �� 54.504(b), 54.511 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they were postmarked by January 18, 2001. See SLD web site, Form 471 Minimum Processing Standards and Filing Requirements for Funding Year 4, (Funding Year 4 Minimum Processing Standards). Waiver Request. FCC Form 470, Central City Public Library, posted December 14, 2000. FCC Form 471,
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  • SLD's determination, we address the merits of Jaffrey-Rindge's appeal. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. FCC Form 471, Jaffrey-Rindge Cooperative School District, filed January 2001 (Jaffrey-Rindge Form 471). Postcard from Schools and Libraries Division, Universal Service Administrative Company, to Paul LaFreniere, Jaffrey-Rindge Cooperative School District, dated July
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  • August 29, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). Request for Review. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(b)(4). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. FCC Form 471, Karnes City Independent School District, filed January 18, 2001 (electronic portion submitted into SLD's filing system) (Karnes Form 471). Request for Review. Id. Letter from Chelleye Block, Karnes City Independent School District, to Schools
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  • filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. �� 54.504(b), 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET (December 6, 1999), (this announcement did not state to which
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  • Hartford Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-007628, CC Docket Nos. 96-45 and 97-21, Order, DA 01-2535. (Com. Car. Bur. rel. November 2, 2001) (New Hartford). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000), . FCC Form 471, Mora Public Schools, filed December 14, 2000 (first envelope with postmark date of December 14, 2000). Waiver Request. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Keith E. Lester, Mora Public Schools, dated January 19, 2001 (Form 471 Certification Rejection
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  • filed August 17, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New (November 2, 2000) . See id. See id. See FCC Form 471, Lane Education Service District, Eugene, Oregon, initiated January 12, 2001 (Lane Form 471). As recently as January of 2002, SLD's records show that Lane still had not completed or electronically submitted that online form. Id. See Waiver Request. Id. Id. Id. Id.; see also
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  • 18, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13835, paras. 8-9. Id. Year 3 Server Failure
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form submitted on January 30, 2001). Id. (postmark of envelope containing certification). SLD Appeal Letter. See 47
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  • we treat Schechter's pleading as a Request for Review. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. Id. Schechter says the actual wording on the notice was that those items ``were received'' outside the filing window. As noted above, the standard for Funding Year 4 was that the material be postmarked, not received,
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1317A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1317A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1317A1.txt
  • provided by the applicant in its FCC Form 471, the Administrator determines the amount of discounts for which the applicant is eligible. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. In Funding Year 4 the filing window closed on January 18, 2001. Consistent with the Commission's rule requiring applicants to submit a ``completed FCC Form 471
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  • 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8 (Com. Car. Bur. rel. May 23, 2001). >. >. Id. Id. >. >. >. Id. Request for
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  • of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Dockets No. 96-45 and 97-21, Order, FCC 00-350 (rel. October 26, 2000) (Commitment Adjustment Order) (adopting adjustment procedures), recon. pending. See Commitment Adjustment Waiver Order at para. 13 (granting limited waivers of sections 54.504(a), 54.504(b)(4), and 54.504(c), relating to the Commission's competitive bidding rules and section 54.507(g)(1)(iii), relating to the Commission's funding priority rules). Id., para. 7. (continued....) Federal Communications Commission DA 02-1403 Federal Communications Commission DA 02-1403 7 8 ' `` �@��� @& = y y
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  • seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-142A1.txt
  • provided by the applicant in its FCC Form 471, the Administrator determines the amount of discounts for which the applicant is eligible. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. In Funding Year 2 the filing window closed on April 6, 1999. However, SLD announced that it would consider FCC Forms 471 applications for Funding Year
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  • Indpedenpent School District, dated July 13, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Waiver Request. FCC Form 470, Duncanville Independent School District, posted January 22, 2001. FCC Form 471, Duncanville Independent School District, filed March 5, 2001 (envelope containing certification and attachments with postmark date of March 5, 2001). Id. Id. See 47
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  • Comp. Bur. rel. May 13, 2002). Id. Request for Review by South Barber Unified School District 255, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 18435, para. 8 (Com. Car. Bur. 2001); 47 C.F.R. �� 54.504(c), 54.507(c). The Common Carrier Bureau was recently reorganized and renamed the Wireline Competition Bureau. See, e.g., Request for Review by Merced Union High School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File Nos. SLD-8404 and 9605, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 18803, para.
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  • Competition Bureau (Bureau) grants the request of the Buffalo City School District, West Seneca, New York (Buffalo City), for a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 4 of the program. Specifically, we find that Buffalo City is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Buffalo City a one-year extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Buffalo City
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Loris Lindskov, Bonesteel-Fairfax High School, dated May 8, 2000 (approving in part
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  • See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 � (R)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
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  • 4, is now called Funding Year 2001. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. � 54.504(c). Form 471 Instructions at 2. See 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Funding Year 2001 Minimum Processing Standards). Form 471 Instructions at 4-5. Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). Form 471 Instructions at 3-6. >
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  • 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). 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.
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  • the Universal Service Administrative Company to the Federal Communications Commission, filed December 12, 2001 (Request for Waiver). Id. at 2. In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c), (g). 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Year 3 Server Failure Order, 15 FCC Rcd 13932, para 1. Id. 15 FCC Rcd at 13934, para 5. Id. at 13935, para 9. Waiver Request at 1. Id. See FCC Form 471, Franklin Township Community School Corporation, filed January 20, 2000
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  • 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. � 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 Instructions). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET, (December 6, 1999) (Year 3 Window Notice). Waiver Request at 1-2. Waiver Request (attached screen printout of Block 2, dated December 20, 1999). In completing Block 2, online filers must choose from the following options: Tariffed services, month-to-month services with no written contract, services for which
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  • this Order, the Wireline Competition Bureau (Bureau) grants the request of the Chicago Public Schools, Chicago, Illinois, for a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2001 of the program. Specifically, we find that Chicago Public Schools is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Chicago Public Schools a one-year extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Chicago
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.txt
  • 471 ``CANNOT be earlier than any Allowable Contract Date you cited in Item (17) of any Block 5 submitted with this application.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Wexford-Missaukee's Funding Year
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  • 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, File No. SLD-268040, West Oso Independent School District, filed January 19, 2001 (postmark on envelope); FCC Form 471, File No. SLD-267787, West Oso Independent School District, filed January 19, 2001 (postmark on envelope). Waiver Request; see also
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  • and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). See Minimum Processing Standards. Id. FCC Form 471, Wynot Public Schools, NEC 471.01-16-01.05200455, filed January 16, 2001 (Wynot Form 471). Id. (Rejection Letter). Id. See Request for Review by Cooperative Educational Service Agency #2, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association,
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  • Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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  • the Wireline Competition Bureau announces the proposed universal service contribution factor for the fourth quarter of 2002. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with section 54.709(b) for no more than three quarters, beginning with the third quarter 2002. As discussed in greater detail below, the third quarter 2002 contribution factor of 0.072805 will therefore
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  • See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice used for closing the SLD website for a certain period of time. Id. Under program rules, applicants
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  • a division 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). 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.
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  • 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). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • (b)(1), (b)(3). 47 C.F.R. � 54.504(b). See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' (November 2, 2000) . See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' /471mps.asp>. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 470, Weathersfield Local Schools, filed November 8, 2000 (Form 470 No. 5246). Letter from Schools and Libraries Division, Universal Service Administrative Co., to Greg Shepley, Weathersfield Local Schools, dated November 13, 2000 (Form 470 No. 5246 Receipt Acknowledgment Letter). FCC Form 471 No. SLD-226107, Weathersfield Local Schools, filed January 2, 2001; FCC Form 471
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  • Competition Bureau (Bureau) announced its proposed universal service contribution factor for the fourth quarter of 2002. Pursuant to section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with section 54.709(b) for no more than three quarters, beginning with the third quarter 2002. Accordingly, the Bureau's Public Notice announced that the third quarter 2002 contribution factor of 0.072805 shall
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  • July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2000 and ends on June 30, 2001, is now called Funding Year 2000. 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002. The funding period that begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, Hancock County Public Library, filed January 18, 2002. Note the FCC Form 471 was filed online January 18, 2002 and the Block 6 Certifications and Signature pages were postmarked January 24, 2002. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anita
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  • existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. � 54.511(b). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 Instructions). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET, (December 6, 1999) (Year 3 Window Notice). FCC Form 471, Lincoln County Board of Education, filed January 26, 2000. Request for Review and Waiver. Request for Review and Waiver at 2. Id. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164,
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  • on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, para. 31 (1998) (Fifth Reconsideration Order). These rules provide that requests for telecommunications and Internet access service for all discount categories shall receive first priority for available funds (Priority One services), and requests for internal connections shall receive second priority (Priority Two services). See 47 C.F.R. � 54.507(g)(1)(i). Thus, when total demand exceeds the total support available, SLD is directed to give first priority for available funding to telecommunications service and Internet access. 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). Any funding remaining is allocated to requests for support for internal connections,
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  • to March 1, 2002; and Lynwood makes no assertion of changes by its provider. The third criterion refers to delays due to ``reasons beyond the service provider's control,'' but here the Commission intended events such as manufacturing delays and natural disasters, not the fact that the FCDL was issued within only twenty days of an automatic extension provided under section 54.507(d) of the Commission's rules. The fourth criterion applies to program compliance funding investigations, and does not apply here. Because Lynwood's situation does not fit within any of the four criteria under section 54.507(d) of the Commission's rules, we must address Lynwood's request as a request for a waiver under 47 C.F.R. � 1.3. Waiver is appropriate if special circumstances warrant
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  • and Libraries Division, Universal Service Administrative Company, to John Bulger, Columbia Heights School District, Columbia Heights, Minnesota, dated March 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, is now called Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . FCC Form 470, Center City School, posted December 28, 2001. Waiver Request. FCC Form 471, Center City School, filed January 29, 2002 (electronic portion submitted January 29, 2002; envelope containing Block 6 Certifications and Signature pages and the Item 21 Attachment with postmark date of February
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Waiver by Dermott Special School District, et al, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-252777,
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  • 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 470, High Bridge Board of Education, posted September 17, 2001. FCC Form 471, High Bridge Board of Education, filed February 13, 2002 (the electronic portion was submitted on February 13, 2002; the envelope containing the Block 6 Certifications and Signature pages and Item 21Attachment was postmarked February 13, 2002).
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which began on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Kearney Public Schools, filed April 12, 2002 (the envelope containing the entire application was postmarked April 12, 2002) (Kearney 471). Waiver Request. Kearney 471. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). (...continued from
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  • on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >.
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  • previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). > (SLD Year 4 Change Notice). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, South
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  • previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, and is now called Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . Request for Review. FCC Form 470, Windham Public Library, posted February 13, 2002. FCC Form 471, Windham Public Library, filed March 16, 2002 (envelope containing the entire application with postmark date of March 16, 2002). In Windham's Request for Review, Windham states that it mailed the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). 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.
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  • 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). >. FCC Form 471, Tripp County Library, filed February 8, 2002. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in
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  • Thus, we refer to Subiaco's pleading as a Waiver Request. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . Waiver Request. FCC Form 471, Subiaco Academy, filed January 24, 2000 (SLD received date label). In Funding Year 3, paper copies of the forms had to be received by the last day of the filing window to be considered filed within the window. Subiaco did not
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  • 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD Year 4 Change Notice). SLD website, What's New Archives
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  • January 28, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 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); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14921. para. 9 (1998); 47 C.F.R. � 54.507(d), (e). In prior years, this funding period was referred to as Funding Year 2. Funding periods are now described by the year in which the funding period starts. Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period which
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  • the third quarter of 2002 as well as uncollectible contributions of one percent, we project a contribution base of $17.229057 billion. The first quarter 2003 contribution factor for universal service support mechanisms would therefore be 0.087094 (total program collection requirement / quarterly contribution base), absent any adjustment to stabilize the contribution factor. Adjustment to Stabilize Contribution Factor Consistent with section 54.507 of the Commission's rules and the Schools First Report and Order in CC Docket No. 02-6, we direct USAC to apply sufficient unused funds from the schools and libraries support mechanism to maintain the first quarter 2003 contribution factor at 0.072805. In the Schools First Report and Order, the Commission concluded that unused funds from the schools and libraries support
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Schools and Libraries Division, Universal Service Administrative Company, to Doug Voss, Centerville School District, Centerville, South Dakota, dated March 19, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (Form 471). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See,
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  • been ordered, the carriers with whom the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The FCC Form 471 must bear an original signature of a person authorized to submit the form on behalf of the applicant. Applications filed during the filing window prescribed in section 54.507(c) of the Commission's rules are deemed simultaneously filed and are prioritized according to the rules set forth in section 54.507(g) of the Commission's rules. The filing window for the 2001-2002 funding year (FY 4) opened on November 6, 2000, and closed on January 18, 2001. Preston filed a FCC Form 471 requesting support for discounted services for Year 4 on
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  • with an original ink signature. A commitment of support is contingent upon the timely filing of the applicant's completed FCC Form 471. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, 16 FCC Rcd 9880, 9882, n.13 (2001). FCC Form 471, School District of Grand Island, filed January 19, 2000 (Grand Island FCC Form 471). Letter from Schools
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  • Id. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96045, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order); 47 C.F.R. � 54.507(d), (e). Funding years begin on July 1 and end on June 30; schools and libraries thus were required to use their discounts for non-recurring services by June 30 of each funding year. See Fifth Reconsideration Order, 13 FCC Rcd, at 14916, para. 1, and 14920, para. 8. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of
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  • Carrier Bureau Letter from Patricia McGee, Schaumburg Community Consolidated School District 54, to the Federal Communications Commission, filed April 20, 2000 (Request for Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Moshin Dada, Schaumburg Community School District 54, dated November 23, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schaumburg Community Consolidated School District 54, FCC Form 471, Block 5, filed April 1, 1999. Unless specifically stated otherwise, all amounts discussed in this Order are pre-discount amounts. Funding Commitment Letter at 5 (Funding Request Number 0000243562). Id. The ``30-percent policy'' is not a Commission rule, but rather is an internal
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  • Atlanta Adventist Academy HS, dated February 24, 2000 (Minimum Processing Standards Letter). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). (noting that for Funding Year 3, the filing window for FCC Forms 471 closed on January 19, 2000, while the deadline for certifications was initially January 26, 2000, and later extended to January 31, 2000). For Funding Year 5, which begins July 1, 2002, SLD has enhanced its online filing capabilities so that Block 6 certifications
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, 16 FCC Rcd 9880, n.13 (2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules
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  • 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC Form 470, Pearl River Public School District, App. No. 298900000285951, filed December 22, 1999. Request Letter, at
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  • requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver Request. See id. See id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C.
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  • 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (Oct. 2000) (FCC Form 471 Instructions), at 5. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FY 4 FCC Form 471). FCC Form 471 Instructions at 5. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • filed July 25, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Southwest Independent School District, filed January 18, 2001 (Southwest Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to James E. McNamara, Southwest Independent School District, dated March 29, 2001 (Rejection Letter). Rejection Letter, at 1. Southwest used the FCC Form 471 for
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  • filed July 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Noe Sauceda, PhD., Edgewood Independent School District, dated June 26, 2001 (Administrator's Decision on Appeal), at 2. FCC Form 471, Edgewood Independent School District, filed January 18, 2001 (Edgewood Form 471). Letter from Schools and
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  • Green Bay Area Public Schools, to Federal Communications Commission, dated August 2, 2001 (Request for Review); see also Letter from George A. Smith, Green Bay Area Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 28, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Green Bay Area Public Schools, filed January 20, 2001. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). Letter from Schools and Libraries Division,
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  • filed August 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives, (September 2000) . FCC Form 470, art in context, posted January 25, 2001. FCC Form 471, art in context, filed July 25, 2001. Id. Waiver Request at 1. Id. Id. Id. at 1-2. Id. at 3 Id. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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  • filed August 13, 2001 (Waiver Requests). See Waiver Requests. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (Window Notice). See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in a licensing issue, because it was arbitrary and capricious).
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  • filed August 29, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (September 2000) . FCC Form 470, Loutit District Library, posted February 26, 2001. FCC Form 471, Loutit District Library, filed June 7, 2001(envelope containing Block 6 certification page with postmark date of June 7, 2001). Waiver Request. Id. Id. at 2. Id. at 1. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v.
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  • School District, to Federal Communications Commission, filed July 7, 2000 (Request for Review); see also Letter from Linda Berry, Schuyler R-1 School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 22, 2000 (SLD Appeal Letter). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. � 54.507(g). It is to the applicants' advantage, therefore, to ensure that the Administrator
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). >. Request for Review by Most Holy Trinity, para. 8. Id., paras. 9-10. Petition for Reconsideration, at 3-4. Id. at 3. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to
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  • Libraries Division, Universal Service Administrative Company, to Jerry Gatlin, Floyd County Board of Education, dated July 13, 2001. By so doing, we do not abridge Floyd County's right to seek review under 47 C.F.R. � 54.719(c), of the Administrator's July 13, 2001 decision. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Floyd County Schools, App. No. 275627 (First Form 471); FCC Form 471, Floyd County Schools, App. No. 263665 (Second Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471); Schools and Libraries Universal Service, Services
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in this instance. Because SLD did not receive the form until December 27, more prompt posting by
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  • consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et al., Federal-State Joint Board on Universal Service, Changes to the Board of
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  • provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding Year 2 of the schools and libraries program. Problem Resolution Form Detail Log, Schools and Libraries Division,
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id. FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Northeast Cellular Telephone Co. v. FCC, 897
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  • information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). > (directing applicants to file Item 21 attachments along with Block 6 certifications). SDAS filed
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  • July 31, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. � 54.507(g). It is to the applicants' advantage, therefore, to ensure that the Administrator
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  • November 5, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. � 54.719. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-142237, CC Dockets
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  • Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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  • Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >. Id. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for
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  • waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. � 54.719 et seq. (governing requests for review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely were not data-entered, and therefore, did not receive File Numbers. Id. Id. Letter from Christy Wright,
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  • COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC Form 471, Governor's School for Global Economics and Technology, filed March 9, 2000. Northeast Cellular Telephone Co.
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  • 480. 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). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). Id. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . In order to be eligible for funding as a telecommunications service, a service provider must be an eligible common carrier. See Form 470 Instructions. The instructions note that ``[i]f you receive telecommunications services from a provider that is not a common carrier,
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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. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Id. Minimum Processing Standards. Minimum Processing Standards. See Rejection Letter. Request for Review, at 1. Receipt Notification; see also Appeal to SLD, Attachment. See Appeal to SLD. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Diane DeBlock, Ringwood School District, dated June 16, 2000, at 1. Request for
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC
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  • E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4), � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC Form 471, Alton Elementary School, filed January 26, 2000. Request for Waiver, at 1. Id. Id. Id.
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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 (December 1998) (FCC Form 471). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. 47 C.F.R. � 54.719. 47 C.F.R. � 54.720. Due to recent disruptions in the reliability of the mail service, the appeal period has been extended to 60 days for Requests for Review seeking review of decisions issued on or after August 13, 2001. See Implementation
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  • seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • 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) (Year 4 Form 471). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Minimum Processing Standards. In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate 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.
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  • to Federal Communications Commission, filed July 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynne Wendt, Our Lady of Loretto, dated June 26, 2001 (Administrator's Decision on Appeal), at 1-2. In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate L. Moore, President, Universal Service
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). FCC Form 471, Valliant Independent School District 11, filed January 19, 2000 (Valliant Form
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD Year 4 Change Notice). >. FCC Form 471, Locust
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  • which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. � 54.504(c), 54.507(g). >. See FCC Form 470, WestCEL, filed December 27, 2000. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, WestCEL, filed January 16, 2001. WestCEL cites to the Administrator's Decision on Appeal stating that ``FCC rules require that except under limited circumstances, all Forms 470 received be posted on the website for 28 days ... before signing and submitting
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  • 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2001, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Glover Elementary School, filed January 29, 2001 (Glover Form 471). Id. (postmark date on envelope containing certification and attachments). We note that Glover's Waiver Request incorrectly states that the material was mailed on January 23, 2001, but
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  • and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, What's New (November 2, 2000) . Id. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School, dated October 5, 2001 (referring to application No. SLD-260894), and Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School,
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  • this Order, the Telecommunications Access Policy Division grants the request of Chicago Public Schools, Chicago, Illinois (Chicago PS), for a waiver of the September 30, 2003 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2002 of the program. Specifically, we find that Chicago PS is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We extend the deadline for implementation of non-recurring services for Funding Request Number (FRN) 753376 to September 30, 2004. Chicago PS requests an
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  • Bureau: In this Order, the Telecommunications Access Policy Division (Division) grants Edcouch-Elsa Independent School District, Edcouch, Texas, a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2001 of the program. Specifically, we find that Edcouch-Elsa Independent School District is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Edcouch-Elsa Independent School District an extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Edcouch-Elsa
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  • Review.'' See Requests for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. �54.719(c). See, e.g., Form 471 Minimum Processing Standards and Filing Requirements for FY2001 (Funding Year 2001 Form 471 Minimum Processing Standards). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). FCC
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  • Bureau: In this Order, the Telecommunications Access Policy Division grants the request of Pittsylvania County Schools, Chatham, Virginia (Pittsylvania), for a waiver of the September 30, 2000 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 1999 of the program. Specifically, we find that Pittsylvania is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We extend the deadline for implementation of non-recurring services for Funding Request Number (FRN) 260055 to September 30, 2004, for Pittsylvania, who was,
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  • June 30, 2002, previously would have been known as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. Id.; SLD Filing Window Notice. See SLD Filing Window Notice. FCC Form 471, St. John Vianney High School, filed January 18, 2001 (electronic portion submitted into SLD's filing system on January 12, 2001)
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Siskiyou County Library, filed January 23, 2002 (Siskiyou Form 471). Waiver Request (attaching copy of the invoice in question with two line items totaling more than $12,000). Waiver Request. Siskiyou Form 471 (the electronic portion was submitted on January 23, 2002; the envelope containing
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  • Rcd 3145 (Com. Car. Bur. 2002). See also Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032, para. 12 (2001). Consistent with sections 54.504(c) and 54.507(c) of the Commission's rules, applicants are not permitted to amend completed FCC Forms 471 to change service categories after closure of the filing window deadline. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, New Carlisle Olive, filed January 29, 2002. Waiver Request. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Homer Community Consolidate S.D 33C, Federal-State Joint Board on Universal Service, Changes to the Board
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  • thus recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The staff also recommends that the following provisions be updated: 47 C.F.R. �� 54.5, 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. �� 54.903(a), 54.903(c), 54.903(d), 54.903(e); and that the following provisions for which funding periods have expired be removed: 47 C.F.R. �� 54.507(a)(1)-(2), 54.604(a)(2). The rules in Part 54 regarding the rural health care and the schools and libraries programs establish universal service mechanisms that ensure that consumers have access to affordable telecommunications services. The staff therefore finds that these rules are necessary in the public interest, and therefore should not be modified or eliminated as a result of meaningful economic competition at
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  • its November 2, 2004 filing, USAC proposes to recover $550 million ($275 million in first quarter 2005 and $275 million in second quarter 2005) of the funds used by the Commission in the second through fourth quarters of 2004 in order to restore monies for funding years 2003 and 2004 to the $2.25 billion annual cap set forth in section 54.507(a). Accordingly, USAC increased the projected program support for the Schools and Libraries support mechanism for the first quarter of 2005 by $275 million to account for the recovery of a portion of the funds that had been used to reduce this mechanism's demand in prior quarters of 2004. On December 8, 2004, Congress passed legislation exempting the universal service fund
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  • Schools, to Federal Communications Commission, filed October 25, 2004 (collectively, Requests for Review). Any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on
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  • Academy, to Federal Communications Commission, filed August 18, 2003 (collectively, Requests for Review). Any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to
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  • processed that same day; and (3) an affidavit of the district representative who mailed the application, stating that representative delivered the application to Packages Plus on January 18, 2001 and received a date-stamped receipt that was damaged by clear tape that was used to preserve the date stamp. Owensboro submitted the same evidence in the instant Request for Review. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • on June 30, 2000, IS GRANTED and REMANDED to SLD for further processing in accordance with this Order. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Sherian Keeling, Gainesville Independent School District, to Federal Communications Commission, filed June 30, 2000 (Request for Waiver). 47 C.F.R. � 1.3. 47 C.F.R. �� 54.504(c), 54.507(g). Id. The deadline for Funding Year 2000 applications was January 19, 20000. See SLD website, . Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935, paras. 8-9. Id. Id. See Id., 15 FCC Rcd
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  • Sauer, St. John's School, to Federal Communications Commission, filed March 5, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). See Request for Review at 1. See Request for Review at 1. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • for Review and remand it to SLD for appropriate action consistent with this Order. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications, Internet access, and internal connections services. Two schools and libraries program rules are relevant to this inquiry. First, section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. If a service provider is unable to complete implementation for reasons beyond the service provider's control, an applicant may request an extension of the implementation deadline for non-recurring services. Secondly, applicants must submit an FCC Form 486 indicating that
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  • be deleted from the Code of Federal Regulations. WCB staff recommends deletion of section 54.509(c) of the Commission's rules. Section 54.509(c) concerns the distribution of leftover funds from the Schools and Libraries support mechanism. Our treatment of these funds was updated in the Third Schools Order. In that order, we adopted a procedure to carry forward unused funds and amended 54.507(a) accordingly. WCB staff therefore recommends elimination of section 54.509(c). Part 59 - Infrastructure Sharing Description Part 59 implements section 259 of the Communications Act of 1934, as amended, by specifying the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities
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  • extension of the deadline for installing Funding Year 2003 non-recurring services on the ground that Houston did not fulfill the requirements for an extension under our rules. Based upon our review of the record, we find that Houston is entitled to receive an extension of the implementation deadline for non-recurring services in accordance with the criteria set forth in section 54.507(d) of the Commission's rules. Accordingly, for the reasons set forth below, we grant the Request for Review and remand Houston's application to USAC for further consideration consistent with this Order. Under the schools and libraries universal service support mechanism, commonly referred to as the E-rate program, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for
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  • mechanism. For the reasons set forth below, we grant RMSI's Request for Waiver and remand Shiprock's application to USAC for appropriate action consistent with this Order. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications, Internet access, and internal connections services. Section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. Commission rules also provide that applicants whose funding commitment decision letters are issued by the Administrator on or after March 1 of the current funding year have until September 30 of the following year to complete implementation. An applicant
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  • to Federal Communications Commission, filed April 8, 2003; Letter from Rabbi Chaim Weinberg, Yeshivat Ateret Torah, to Federal Communications Commission, filed April 8, 2003 (collectively, Requests for Review). The filing window deadline for Funding Year 2002 applications was January 17, 2002. See Universal Service Administrative Company (USAC) website for Minimum Processing Standards and Filing Requirements for FY 5, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • Letter from Patrick J. O'Regan, Berlin-Milan Local Schools, to Federal Communications Commission, filed May 27, 2003; Letter from Bill Alexander, Humble Independent School District, to Federal Communications Commission, filed June 18, 2003 (collectively, Requests for Review). The deadline for Funding Year 2003 applications was February 6, 2003. See Universal Service Administrative Company (USAC) website, What's New, December 2, 2002. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • Federal Communications Commission, filed April 16, 2003; Letter from Bridie Bartnicki, Rock Falls Elementary School District 13, to Federal Communications Commission, filed May 29, 2003 (collectively, Requests for Review). The filing window deadline for Funding Year 2002 applications was January 17, 2002. See Universal Service Administrative Company (USAC) website for Minimum Processing Standards and Filing Requirements for FY 5. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applicants using USAC's online filing system must either complete
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  • 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 eligible telecommunications services, Internet access, and internal connection services. The Commission has vested in USAC the responsibility of administering the application process for the schools and libraries universal service support mechanism. Section 54.507(d) of the Commission's rules requires schools, libraries and eligible consortia to use recurring services for which discounts have been committed by USAC within the funding year for which the discounts were sought. Non-recurring services have an implementation deadline of September 30 following the close of the applicable funding year, although that deadline may be extended if the applicant satisfies one
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  • Senior High School, Northside Elementary School, Ortonville High School, Ortonville-Knoll Elementary School, Ramsey Elementary School, Sanford Elementary School, Yme-Bert Raney Elementary School. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 54.507(g)(1)(i-iv). Id. See also Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15810, para. 5 (2004) (Fifth Report and Order); and Federal-State Joint Board on Universal Service, CC Docket 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915 para. 36 (1998). Fifth Report and Order, 19
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  • 3060-0982 Implementation of Low Power Television (LPTV) Digital Data Services Pilot Project 01/31/08 3060-0984 Secs. 90.35(b)(2) and 90.175(b)(1) 07/31/07 3060-0986 FCC 525 06/30/08 3060-0987 911 Callback Capability: Non-initialized Phones 10/31/08 3060-0989 Procedures for Applicants Requiring Section 214 Authorization for Domestic Interstate Transmission Lines Acquired Through Corporate Control, Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/07 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 03/31/08 3060-0999 Exemption of Public Mobile Service Phones from the Hearing Aid
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  • weather. In particular, Petitioners state that technical problems, either with their own equipment or while interfacing with USAC's electronic filing mechanism, prevented their FCC Forms 471 from being timely filed. Based on the facts and circumstances of these specific cases, we find that special circumstances warrant a waiver of the deadline for filing the FCC Form 471 found in section 54.507 of the Commission's rules. As the Commission found in the Bishop Perry Order, we find that the complete rejection of these applications is not warranted, given that the violation at issue is procedural, not substantive. Like the applicants in the Bishop Perry Order, the applicants at issue here have demonstrated that rigid adherence to filing procedures does not further the
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  • grant requests by California Youth Authority, Florence County School District 3, Lee County School District, and Moreno Valley Unified School District (collectively, Applicants) for an extension of the deadline for implementing non-recurring services under the schools and libraries universal service support mechanism (also known as the E-rate program). Specifically, we find that Applicants satisfy the standard set forth in section 54.507(d) of the Commission's rules for obtaining an extension of the deadline for implementing non-recurring services. Therefore, we extend, until September 30, 2008, the deadline for Applicants to complete installation of non-recurring services for the funding years at issue in their Extension Requests. II. BACKGROUND The E-rate program permits eligible schools, libraries, and consortia that include eligible schools and libraries to
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  • �� 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Ren�e R. Crittendon Acting Deputy Chief Wireline Competition Bureau See Sprint Corp. Petition for Waiver, CC Docket 02-6, filed Feb. 3, 2004 (Petition); see also Letter from Jeffrey Lanning, Embarq (formerly known as Sprint), to Federal Communications Commission, Mar. 12, 2007. Id.; see 47 C.F.R. � 54.507(g). Petition at 5. See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See Request for Review by the Department of Education of the State of Tennessee, Integrated Systems and Internet Solutions, Inc., and Education Networks of America, CC Docket Nos. 96-45, 97-21, Order, 14 FCC Rcd 13734, 13747-55, paras. 26-42 (1999) (1999 Tennessee Order). Id. at
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  • 21 FCC Rcd 5316. In finding that applicants should be permitted to cure clerical, ministerial or procedural errors on E-rate applications, the Commission has altered the reasoning used by the Bureau in Penn Hills which would not have allowed applicants to cure clerical, ministerial or procedural mistakes related to SPINs. See 47 C.F.R. � 54.504(c). See also 47 C.F.R. � 54.507(c) (establishing the filing window). See, e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-245592, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 7383, 7389, para. 13 (Wireline Comp. Bur. 2002); Request for Review
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  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USAC's projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commission's rules states, in pertinent part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that
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  • participants would receive one or more subsequent letters detailing USAC's final funding decision. Once an applicant has received funding approval in the FCDL, the applicant submits an FCC Form 486 to indicate that service has begun, specify the service start date and demonstrate that the applicant has received approval of its technology plans. An applicant must also comply with section 54.507(d) of the Commission's rules which requires the implementation of non-recurring services by September 30 following the close of the applicable funding year. If a service provider is unable to complete implementation for reasons beyond the service provider's control, an applicant may request an extension of the implementation deadline for non-recurring services. In Funding Year 2004, Hickory Public Schools sought E-rate
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  • 2005). On August 1, 2007, the states of Louisiana and Mississippi (States) filed a request for further waiver to extend relief provided in the Katrina Relief Order under the schools and libraries universal service support mechanism (E-rate program) to directly affected schools and libraries in Louisiana and Mississippi for Funding Year 2007. The States request that the Commission waive section 54.507 of its rules and treat all schools and libraries directly affected by Hurricane Katrina at the 90% discount level, the highest level of priority for Priority Two services under the E-rate program, for Funding Year 2007. The States additionally request that priority treatment not be limited solely to projects needed to restore schools and libraries to pre-Hurricane Katrina functionality. Interested
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  • and Reauthorization Act of 2004 (SHVERA) Rules , Broadcast Signal Carriage Issues, Retransmission Consent Issues 06/30/08 3060-0982 Implementation of Low Power Television (LPTV) Digital Data Services Pilot Project 01/31/08 3060-0984 Secs. 90.35(b)(2) and 90.175(b)(1) 09/30/10 3060-0986 FCC 525 06/30/08 3060-0987 911 Callback Capability: Non-initialized Phones 10/31/08 3060-0989 Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/10 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 08/31/10 3060-0999 Sec. 20.19 09/30/10 3060-1000 Sec. 87.147 01/31/08 3060-1001 FCC 337
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  • waiver of the filing deadline for the subsequent FCC Form 471 (Application No. 489075) to allow it to submit the corrected FCC Form 471 outside the filing window. Consistent with precedent, and based on the facts and circumstances of this case, we find that good cause exists to waive the deadline for filing the FCC Form 471 found in section 54.507 of the Commission's rules. In this instance, Arkansas DIS committed an error in completing its initial FCC Form 471 submission by mistakenly including an incorrect funding request amount. Arkansas subsequently realized its error and took steps to correct its error by filing an accurate FCC Form 471 and an Item 21 Attachment as part of its initial FCC Form 471
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  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal universal service fund for the third quarter of 2008. According to USAC's projections, $600 million in unused funds from Funding Years 2002 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commission's rules states, in pertinent part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that
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  • 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 the requirements
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  • Jan. 18, 2001) (Radford FCC Form 471). Letter from USAC, Schools and Libraries Division, to B. Keith Rowland, Radford City Schools (Sept. 28, 2001) (Radford Funding Commitment Decision Letter). Eight of its other funding requests were also denied because USAC did not fund Priority Two requests below the 80 percent discount level in Funding Year 2001. See 47 C.F.R. � 54.507(g). These funding requests are not at issue here. Request for Review at 1. Id. at 1-2. Id. at 2. See Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316, 5324-25, paras. 17-20 (2006) (Bishop Perry Order) (waiving the Commission's rules for failure
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  • that the action we take today should have minimal impact on the universal service fund as a whole. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(d). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). The qualifying criteria are: (1) the applicant's funding commitment decision letter is issued by USAC on or after March 1 of the funding year for which discounts are authorized; (2) the applicant receives a
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  • any missing or incomplete FCC Form 471 certifications, and to grant the applicants an additional 15 calendar days after receipt of such notice to file their FCC Form 471 certifications. Accordingly, based on the facts and circumstances of these specific cases, we find that special circumstances warrant a waiver of the FCC Form 471 filing window deadline found in section 54.507(c) of the Commission's rules for the petitioners listed in the appendix. As the Commission found in the Bishop Perry Order, complete rejection of their applications is not warranted, given that the violation at issue is procedural, not substantive. Like the applicants in the Bishop Perry Order, the applicants listed in the appendix have demonstrated that rigid adherence to filing procedures
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  • to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). Funding Years start July 1st and run through June 30th of the following year. 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See Request for Review by the Department of Education of the State of Tennessee, Integrated Systems and Internet Solutions, Inc., and Education Networks of America, CC Docket Nos. 96-45, 97-21, Order, 14 FCC Rcd 13734, 13747-55, paras. 26-42 (1999) (Tennessee Order). Id. at 13753-54, paras. 37-38. Id. at 13754, para. 39. USAC
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  • ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3, and 54.722(a), the Requests for Review and or Waiver of 47 C.F.R. �54.507 filed by the Petitioners as listed in the Appendix ARE GRANTED and REMANDED to USAC for further action consistent with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to the authority delegated
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  • website, Schools and Libraries, Schools and Libraries Deadlines, http://www.universalservice.org/sl/tools/deadlines/default.aspx (retrieved Aug. 19, 2008). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Schools and Libraries, Item 21 Attachments to Form 471, http://www.usac.org/sl/applicants/step07/form471-attachments.aspx (retrieved Aug. 19, 2008). 47 C.F.R. �� 54.507(c). See USAC website, Schools and Libraries, Form 471 Receipt Acknowledgement Letter, http://www.usac.org/sl/applicants/step07/receipt-acknowledgement-letter. aspx (retrieved Aug. 19, 2008) (FCC Form 471 RAL Procedures). See FCC Form 471 RAL Procedures; Form 471 Receipt Acknowledgement Letter, Funding Year 2008: 07/01/2008 - 06/30/2009, http://www.usac.org/_res/documents/sl/pdf/SampleLetters/form-471RAL-appl icant.pdf (retrieved Aug. 19, 2008) (Funding Year 2008 RAL); Bishop Perry Order, 21 FCC Rcd at 5316-17, para. 2. Previously,
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  • 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 the universal service support mechanism.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Waiver of Section 54.507 of the ) Commission's Rules and Review of a Decision ) of the Universal Service Administrator by ) ) Minford Local Schools ) File No. SLD-637390 Minford, OH ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: July 21, 2009 Released: July 21, 2009 By the Acting Chief, Telecommunications Access Policy Division,
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  • exception, Priority Two funding has been available only at the 80 percent level and above. Each funding year, a certain amount of E-rate funds remains unused. In 2003, the Commission amended its rules to require that those E-rate funds identified as unused from prior years be used to increase the annual funding cap for the next E-rate funding year. Section 54.507(a)(2) of the Commission's rules states that ``in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' In accordance with this rule, the
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  • 9217, para. 42. (last visited Aug. 28, 2009). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15816, para. 24 (2004) (Schools and Libraries Fifth Report and Order). Id. The E-rate funding year starts on July 1 and ends on June 30 of the next calendar year. 47 C.F.R. � 54.507(b). 47 C.F.R. � 54.507(d); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. See, e.g., 47 C.F.R. � 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended
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  • No. 02-6 (filed Aug. 31, 2004) (Request for Waiver or Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. � 54.507(b). 47 C.F.R. �� 54.501-503. 47 C.F.R. �� 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. � 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public
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  • has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter 2009 (July 31, 2009). Thus, we determine that the action we take today should have a minimal impact on the universal service fund as a whole. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(d). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. (last visited Oct. 20, 2009); see
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  • 2009). (last visited Oct. 1, 2009)). /ws_13_edu.pdf (last visited Oct. 1, 2009)). (last visited Oct. 1, 2009)). (last visited Oct. 21, 2009). 9 The Commission's priority rules for the E-rate program provide that first priority for the available funding for all discount categories 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
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  • 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 or prior to closure of entity. 54.513(c), prohibiting the transfer
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  • 471), OMB 3060-0806 at 8-9 (November 2004) (funding year 2006 FCC Form 471 Instructions). (last visited June 4, 2010). See 47 C.F.R. � 54.505(b)(1), (2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14934-35, para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1). Id. See FCC Form 471, The Bronx Charter School for Better Learning (filed Jan. 25, 2006); FCC Form 471, The Bronx Charter School for Better Learning (filed Feb. 5, 2006). Id. See Administrator's Decision on Appeal at 2; see also 2006 Request for Review at 1. See 2006 Request for Review, at attachment. Id. See Sept. 19 Funding Commitment Decision
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  • Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal Universal Service Fund for the third quarter of 2010. According to USAC's projections, $900 million in unused funds from funding years 2002 and 2005 through 2008 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service program. Section 54.507(a)(2) of the Commission's rules states, in part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that $900
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  • behalf of Beth Rivka School, 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
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  • order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. Finally, we deny the remaining 32 requests seeking waivers of the FCC Form 471 filing window deadline for various funding years because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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), that the requests for review or requests for waiver
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  • known as the schools and libraries universal service program) for funding years 2001 through 2007. Consistent with precedent, and based on our review of the record, we find that these petitioners attempted in good faith to comply in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that these petitioners violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct the Universal Service Administrative Company (USAC) to waive any other procedural deadlines that were missed while these issues were on appeal with the Commission. We emphasize, however, the limited nature of this decision. Although we grant these appeals, this order does not alter
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  • find that five appellants warrant waivers of our appeal filing deadline because the appeals involved errors by USAC or an appeal was filed within 60 days of the appellant receiving actual notice. Next, consistent with the Bureau's Archer Public Library Order and based on our review of the record, we find good cause exists to waive sections 54.504(b), 54.504(c), and 54.507(c), as necessary, of the Commission's rules to permit these petitioners to correct ministerial or clerical errors on their original FCC Forms 470 and 471 and other related forms or submissions to USAC. Specifically, we find that the petitioners inadvertently made ministerial or clerical errors while completing their FCC forms, while responding to USAC requests for additional information during the application
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  • IS ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3, and 54.722(a), the Requests for Review and/or Waiver of 47 C.F.R. �54.507 filed by the Petitioners as listed in the Appendix ARE GRANTED and the applications ARE REMANDED to USAC for further action consistent with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Waiver of Section 54.507(d) ) of the Commission's Rules ) ) Harvest Preparatory School ) File No. SLD-486149 Yuma, Arizona ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: May 20, 2010 Released: May 20, 2010 By the Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this order, we grant a request for waiver filed by
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  • USAC to complete its review of the application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days from the release date of this order. BACKGROUND Pursuant to the E-rate program, eligible schools, libraries, and their consortia may apply for discounts for eligible telecommunications services, Internet access, and internal connections. Section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. The Commission's rules also provide that applicants whose funding commitment decision letters (FCDLs) are issued by USAC on or after March 1 in the current funding year have until September 30 of the following year to complete installation of
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  • Line 23j (filed Jan. 14, 2000) (Idaho Falls 2000 FCC Form 471) (establishing eligibility for a 59 percent discount); Funding Year 2000 Funding Commitment Decision Letter. The Commission's priority rules provide that requests for telecommunications and Internet access services shall receive first priority for available funds and that requests for internal connections shall receive secondary priority. See 47 C.F.R. � 54.507(g)(1). If sufficient funds are not available to fund all requests for discounts for internal connections, USAC shall allocate funds for discounts beginning with those applicants eligible for a 90 percent level and, to the extent funds remain, continue to allocate funds for discounts to applicants at each descending single discount percentage, e.g., 89 percent, 88 percent, and so on. Id.
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  • information that provides a reasonable and appropriate delineation between the eligible and ineligible components). While these concepts have been removed from certain sections, they do remain in the document in a section we determined to be appropriate for the concept (e.g., the reminder regarding cost-allocation is listed in the ``Special Eligibility Considerations'' section of the ESL). See 47 C.F.R. � 54.507(g). There were other minor changes to language or transfer of language from one paragraph to another in this section as well (e.g., the sentence stating that ``services that are not eligible for E-rate discounts are listed at the end of each category,'' was moved to another paragraph in the introduction to the ESL). See Wireline Competition Bureau Announces Selected Applications
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  • dismiss as moot four requests for waivers by applicants whose FCC Form 471 applications were all filed within the application filing window deadline. We deny the remaining 14 requests seeking waivers of the FCC Form 471 application filing window deadline for funding years 2010-2011 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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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  • 10 Tf (54.505\(b\)\(4\).) Tj 1 0 0 1 72.95 224.449 Tm 115 Tz /OPBaseFont0 10 Tf ('Id) Tj 1 0 0 1 78.2 202.85 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 94.8 202.85 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R. �) Tj 1 0 0 1 144.45 202.799 Tm 102 Tz /OPBaseFont2 10 Tf (54.507\(g\)\(l\).) Tj 1 0 0 1 73.2 181.5 Tm 109 Tz ('�Id.) Tj 1 0 0 1 73.2 159.399 Tm 100 Tz /OPBaseFont1 10 Tf ("See FCC Form 471, Loving Municipal Schools \(filed Jan. 30, 2004\) \(Loving FCC Form 471\).) Tj 1 0 0 1 73.2 138.299 Tm 95 Tz /OPBaseFont2 10 Tf ('21d.) Tj 1 0 0 1 73.2 121.199
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-1345 Released: August 5, 2011 WIRELINE COMPETITION BUREAU ANNOUNCES E-RATE INFLATION-BASED CAP FOR FUNDING YEAR 2011 CC Docket No. 02-6 Pursuant to section 54.507(a) of the Commission's rules, the Wireline Competition Bureau announces that the E-rate program funding cap for funding year 2011 is $2,290,682,250. Section 54.507(a)(1) of the Commission's rules requires an adjustment of the E-rate program's annual cap based on the gross domestic product chain-type price index (GPD-CPI) measure of inflation. The new cap represents a 0.9% inflation-adjusted increase from funding year
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  • point at which funding for priority two services are exhausted has varied from 70 to 86 percent. Each funding year, a portion of E-rate funds remains unused. In 2003, the Commission amended its rules and required that unused E-rate funds identified in prior years be used to increase the annual funding cap for the next E-rate funding year. Accordingly, section 54.507(a)(3) of the Commission's rules states that ``in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' By operation of this rule, the
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  • order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. We deny the remaining eight requests seeking waivers of the FCC Form 471 application filing window deadline for funding year 2011 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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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  • that are not eligible for B-rate discounts r) Tj 1 0 0 1 72.95 366.5 Tm 75 Tz /OPBaseFont1 10 Tf (") Tj 1 0 0 1 82.3 361.449 Tm 96 Tz (See 47) Tj 1 0 0 1 111.6 361.449 Tm /OPBaseFont2 10 Tf (C.F.R. �) Tj 1 0 0 1 148.3 361.449 Tm 97 Tz /OPBaseFont1 10 Tf (54.507\(g\).) Tj 1 0 0 1 73.2 347.799 Tm 62 Tz (50) Tj 1 0 0 1 82.3 343 Tm 100 Tz /OPBaseFont2 10 Tf (Not every service listed on a telephone bill is a telecommunications service.) Tj 1 0 0 1 400.05 342.5 Tm 99 Tz (For example, directory listings, 1-) Tj 1 0 0 1 73.2 331.199 Tm (900
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  • that the complete rejection of this application is not walTanted,) Tj 1 0 0 1 73.2 440.199 Tm 110 Tz (and that strict adherence with USAC's procedures and the Commission's rules in this instance would be) Tj 1 0 0 1 73.2 427.5 Tm 109 Tz (inconsistent with the public interest and we grant Coordinated Construction a waiver of section 54.507\(b\)) Tj 1 0 0 1 73.2 415.25 Tm 110 Tz (of the Commission's rules.'5) Tj 1 0 0 1 78.95 378.5 Tm 99 Tz (Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form) Tj 1 0 0 1 73.2 367.199 Tm 100 Tz (\(FCC Form 486\), 0MB 3060-0853 \(August 2003\) at 2 \(FCC Form 486
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  • and the underlying application IS REMANDED to USAC for further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that section 54.507(d) of the Commission's rules, 47 C.F.R. � 54.507(d) IS WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to authority contained in sections 1-4 and 254 of the Communications Act, as amended, 47 U.S.C. �� 151-154 and 254, and authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a),
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  • use participation in other income-assistance programs, such as Medicaid, food stamps, or Supplementary Security Income (SSI), to determine the number of students that would be eligible for the NSLP. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (November 2004) (Form 471 Instructions) at 8-9. See 47 C.F.R. � 54.507(g)(1). Id. See FCC Form 471, Barberton City School District, filed Feb. 15, 2006. Id. See Administrator's Decision on Appeal at 1-2. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ryan Pendleton, Barberton City School District (dated Nov. 29, 2006) (Funding Commitment Decision Letter (FCDL)) See FCDL at 5-6; Administrator's Decision on Appeal at 1-2. (last visited
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  • contract expiration date, believing that action also served to extend the implementation deadline. Consistent with precedent, and based on our review of the record, we find that the petitioners attempted in good faith to comply with Commission rules in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that they violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct USAC to waive any associated invoice filing deadlines in connection with this service deadline extension and any other procedural deadlines that were missed while these issues were on appeal with the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections
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  • Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-7385. - FCC - Petition of Funds for Learning, Inc. to Reject the Administrator's Discount Threshold Recommendation for Funding Year 2010, WC Docket No. 02-6 (filed Feb. 11, 2011) (Petition). Funding year 2010 began on July 1, 2010 and ends on June 30, 2011. See 47 C.F.R. � 54.507(b). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). 47 C.F.R. � 54.507(g)(1)(iii). Petition at 1. Id. See id. at 3-7. The Commission's rules state, in part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the
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  • Systems, Inc., to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Nov. 11, 2004) (ACS Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.507(d); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). The qualifying criteria are: (1) the applicant's funding commitment decision letter is issued by USAC on or after March 1 of the funding year for which discounts are authorized; (2) the applicant receives a service provider
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  • remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. We deny the remaining nine requests seeking waivers of the FCC Form 471 application filing window deadline for funding years 2009 and 2010 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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), that the requests for review or requests for waiver
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  • the service provider was unable to complete implementation for reasons beyond its control. Consistent with precedent, and based on our review of the record, we also find that Lancaster attempted in good faith to comply with Commission rules in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that Lancaster violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct the USAC to waive any associated invoice filing deadlines and any other procedural deadlines that were missed while these issues were on appeal with the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications
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  • Heart filed its appeal only a few days late. Turning to the merits, we find that Sacred Heart has demonstrated special circumstances to justify a waiver of the E-rate program's FCC Form 471 filing deadline. Consistent with the Bureau's decision in Argos Public Library, and based on our review of the record, we find that good cause exists to waive 54.507(c) of the Commission's rules, which states that FCC Forms 471 must be filed within the filing window to be considered as simultaneously received. Argos Public Library found that, absent ``evidence of waste, fraud or abuse,'' we may grant waivers in cases where parties ``filed their FCC Forms 471 or their waiver request within 14 days after the FCC Form 471
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  • Access Policy Division Federal-State Joint Board on Universal Service, Third Report and Order, CC Docket 96-45, 12 FCC Rcd 22485, 22488-89, para. 6 (1997). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2010) (FCC Form 471). See (last viewed Jan. 10, 2011). 47 C.F.R. � 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Jan. 10, 2011). See Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket
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  • the E-rate program (more formally known as the schools and libraries universal service support program). In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners complied with the Commission's competitive bidding requirements, and therefore we grant their requests. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • within the funding year in which they were committed, the pilot participants who did not start their projects by the end of September 2011 will be unable to fully utilize the funds committed for their pilot project absent a waiver of the service delivery deadline of June 30, 2012 for funding year 2011. We therefore find that waiver of section 54.507(d) of the Commission's rules is necessary to provide for the intended yearlong trial of the off-premise wireless connectivity services, and thus is in the public interest. Therefore, we grant in part e-BI's request for waiver seeking additional time for those pilot participants that had not begun their pilot projects before October 1, 2011 to complete their one-year projects. Second, we
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  • justify a waiver of section 54.504(a) of the Commission's rules to permit them to correct clerical or ministerial errors. On our own motion, for these petitioners, we also waive section 507(d) of the Commissions rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We find the other five petitioners have not demonstrated that good cause exists to justify waivers to permit changes that were not the result of a clerical or ministerial error. We therefore remand the underlying applications listed
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  • made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and abuse in the record. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • the schools and libraries universal service support program). In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that for the applications listed in Appendix A, the Petitioners complied with the Commission's competitive bidding requirements, and therefore we grant their requests. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. In addition, we deny the requests from
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  • eligible for E-rate funding. Based on our review of the record, we find that the petitioners in the appendix sought funding for services that are eligible for E-rate support and grant their requests. We also find that at this time, there is no evidence of waste, fraud and abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We also find good cause
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  • 1 69.1 328.599 Tm 100 Tz (be available on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats) Tj 1 0 0 1 69.35 316.849 Tm (all applicants filing within that window as if their applications were simultaneously received. 47 C.F.R. �) Tj 1 0 0 1 498.95 316.599 Tm 96 Tz /OPBaseFont2 10 Tf (54.507\(c\).) Tj 1 0 0 1 69.1 305.299 Tm 100 Tz /OPBaseFont1 10 Tf (Although some petitioners did not explicitly request a waiver of the FCC Form 471 application filing window) Tj 1 0 0 1 69.35 293.799 Tm 99 Tz (deadline, we treat their requests for review as requests for waiver because, in each case, USAC denied their funding) Tj
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  • file additional documentation to support their calculations of the correct discount rates. In addition, we direct USAC to accept information already provided by the applicants that USAC had deemed late. Consistent with precedent, we also grant two waivers of section 54.720 of the Commission's rules establishing deadlines for the filing of appeals. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Accordingly, we remand the underlying applications listed
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  • precedent, we grant six requests from petitioners seeking waiver or review of decisions made by the Universal Service Administrative Company (USAC) under the E-rate program (more formally known as the schools and libraries universal service support program). In each case, USAC found that the petitioners failed to secure timely extensions of the deadlines for services implementation, as required by section 54.507(d) of the Commissions' rules, and of the deadlines for invoice submission. Based on our review of the record, we find that the petitioners either were unable to complete implementation on time for reasons beyond the service provider's control - one of the criteria required by the rule for an extension of services implementation - or they failed to do so
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  • it had issued an RFP, the FCC Form 470 contained enough detail for service providers to identify the desired services and to formulate bids. We therefore conclude that no violation of our competitive bidding rules occurred. Furthermore, we find no evidence of waste, fraud or abuse in the record at this time. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications to
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  • applicant that a consultant has the authority to respond to USAC questions on its behalf. However, Commission rules do not require such a letter to be signed before the E-rate consulting services are provided. As such, the petitioners identified herein were not required to have signed letters of agency with their consultants. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications to
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  • the applicants listed in the appendix met the requirements for demonstrating that the costs of the products and services in the funding requests were reasonable based on their circumstances and therefore were cost-effective under Commission rules. In addition, there is no evidence of waste, fraud or abuse in the record at this time. On our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • case, USAC denied or reduced funding because it found that the applicants failed to timely submit its FCC Form 486. Based on our review of the record, we find that the eight petitioners have demonstrated that good cause exists to justify a waiver of USAC's filing deadline for the FCC Form 486. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • to authority delegated in sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the request for review filed by Nuestros Valores Charter School regarding equipment that was not installed in funding year 2003, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau 47 C.F.R. � 54.507(d) (requiring that the implementation of non-recurring services occur by September 30 following the close of the funding year). See Letter from Patricia Matthews, Counsel for Nuestros Valores Charter School, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed Jan. 29, 2007) (Request for Review). USAC also sought reimbursement of $98,749.19 from Nuestros Valores for failure to
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  • of the aforementioned gifts did not impede the competitive bidding process. We emphasize, however, that our analysis of this matter could be different under our current rules, because the Commission established clear guidelines on permissible gifts in the Schools and Libraries Sixth Report and Order, which became effective on January 3, 2011. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in the relevant funding years. We therefore remand the underlying applications
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  • requirements and, therefore we grant Trillion's requests. Unlike communications discussed in recent precedent, we find that the communications at issue here did not impede the fair and open nature of Widefield's competitive bidding processes. We also find that at this time there is no evidence of waste, fraud and abuse in the record. On our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause the applicant to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications
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  • No. 02-6 (filed Mar. 30, 2004) (Petition). (last visited April 19, 2012). Under the Commission's rules, first priority for E-rate funding is given to requests for telecommunications services and Internet access (Priority One services) before available remaining funds are allocated to requests for support for internal connections and basic maintenance of internal connections (Priority Two services). See 47 C.F.R. � 54.507(g). Petition at 1. Section 54.502 of the Commission's rules states that supported telecommunications services provided by telecommunications carriers include all commercially available telecommunications services, in addition to all reasonably related charges, except charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such services. 47 C.F.R. � 54.502. Petition at 1. See SLD Website,
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  • was only entitled to the support for Internet access. We find that Fayetteville must return the E-rate support it requested and received for providing telecommunications. Finally, we find that the three petitioners listed in Appendix C violated that provision of the Commission's rules, and we therefore deny their requests for review. Next, on our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • process, but declined to penalize applicants that engaged in such practice prior to release of that order. Because the practices at issue occurred before we released the Queen of Peace Order, we grant Saint Raphael's requests for review and remand the underlying applications to USAC for additional processing consistent with this order. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. To ensure that the underlying
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  • but that it later corrected its response. Although the record does not demonstrate that USAC relied on this incorrect answer as a basis to deny funding, consistent with precedent, we direct USAC to accept the stated correction on remand and work with Billings as it evaluates any remaining questions about this application. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause a petitioner to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the
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  • petitioners listed in Appendix D have not demonstrated that good cause exists to justify waivers of the Commission's rules and we otherwise decline to grant these appeals. At this time, we find no evidence of waste, fraud and abuse in the record with respect to the petitioners for which we grant relief. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 12-791 Released: May 18, 2012 WIRELINE COMPETITION BUREAU ANNOUNCES E-RATE INFLATION-BASED CAP FOR FUNDING YEAR 2012 CC Docket No. 02-6 Pursuant to section 54.507(a) of the Commission's rules, the Wireline Competition Bureau announces that the E-rate program funding cap for funding year 2012 is $2,338,786,577. Section 54.507(a)(1) of the Commission's rules requires an adjustment of the E-rate program's annual cap based on the gross domestic product chain-type price index (GPD-CPI) measure of inflation. The new cap represents a 2.1% inflation-adjusted increase from funding year
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  • for further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3 and 54.722(a), that section 54.507(c) of the Commission's rules, 47 C.F.R. � 54.507(c), IS WAIVED for the petitioners listed in Appendices A and B to the limited extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91, 0.291, and 54.722(a) of
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  • grant a request filed by Loneman Day School (Loneman) seeking review of a decision made by the Universal Service Administrative Company (USAC) under the E-rate program (more formally known as the schools and libraries universal service support program). In its decision, USAC found that Loneman failed to secure timely extensions of the deadlines for services implementation, as required by section 54.507(d) of the Commissions' rules, and of the deadlines for invoice submission. Based on our review of the record, we find that Loneman's service provider was unable to complete implementation on time for reasons beyond the service provider's control - one of the criteria required by the rule for an extension of services implementation - and that Loneman made significant efforts
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  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
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  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commission's Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
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  • 13, 2002 DELETION OF AGENDA ITEM FROM JUNE 13TH OPEN MEETING Open Meeting and previously listed in the Commission's Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- Commission Meeting Agenda A Public Notice of the Federal Communications Federal Communications Commission Commission 445 12th, Street, S.W. News Media Information (202) 418-0500 Washington, D.C. 20554 Fax-On-Demand (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov *The summaries listed in this notice are intended for the use of the public attending open Commission meetings.
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  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
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  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
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  • decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and libraries (those eligible for a 90 percent discount), and (3) commit remaining funds for
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  • decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and libraries (those eligible for a 90 percent discount), and (3) commit remaining funds for
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  • the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining
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  • the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A6.pdf
  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295172A1.pdf
  • fund supports. The Commission's claim that the recent growth in total USF disbursements is correlated to CETC support seems quite straightforward: if one component of the total is growing rapidly, the total will grow rapidly unless there are offsetting declines in other components. Two of the other three USF programs are already subject to annual funding caps, see47 C.F.R. � 54.507(a) (schools and libraries program); 47 C.F.R. � 54.623 (rural health care program), and the other program, low-income support, although not capped, did not grow at an alarming rate from 2001 to 2007, seeUNIVERSALSERVICE MONITORING REPORT tbl.2.2. Thus, it is clear high-cost support, which has grown by $1.7 billion in the past six years, is the driving force behind the growth
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  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
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  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295932A1.pdf
  • 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 reg- ulations. Two program rules are particularly relevant to this case. First, SLD has detailed rules governing what equipment and services may be purchased with
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  • 1 GAOReportat49. 2/d. at50, 66. J /d. at49. �47U.S.C. �254(c)(I),(c)(3);47C.F.R.��54.502,54.503. 5 SeeUniversalServiceAdministrativeCompany,SchoolandLibrariesDivisionwebsite, hltp://www.sJ.universalsel.vicc.orgifundinglyI/nalional.asp(1998-2008dala). - 88 - Page2-TheHonorableJoseph 1.Lieberman forEducationStatistics(NCES)foundthatnearly100percentofpublicschoolsintheUnited StateshadInternetaccess,and97percentoftheseschoolsusedbroadbandconnectionstoaccess theInternet.6Today,Internetaccessinpublicschoolsisnearlyubiquitous.BeforetheE-rate programwasestablishedin1997,only78percentofpublicschoolshadanyInternetaccessatall. In1997,only27percentofpublicschoolinstructionalclassroomshadInternetaccess.By2005, thatfigurehadincreasedto94percent.7A2006studyfoundthat99percentofpubliclibrary branchesareconnectedtotheInternet,98percentofwhichofferpublicInternetaccess.8 It isvitalforalloftheCommission'suniversalserviceprograms,includingtheE-rate program,tohaveestablishedgoals.WhentheCommissionadoptedastructurefortheE-rate programinitsUniversalServiceFirstReportandOrder,itidentifiedastheprogram'sgoalto ensurethateligibleschoolsandlibrarieshaveaffordableaccesstomoderntelecommunications andinformationservicesthatwouldenablethemtoprovideeducationalservicestoallpartsof thenation.9Toimplementthisgoal,theCommissionestablishedfundingprioritiesfortheE-rate program,placingahigherpriorityonfundingfortelecommunicationsandInternetaccess (Priority1services)thanoninternalconnections(Priority2services).10TheCommissionalso determinedthatschoolswithahigherpovertyrateandschoolslocatedinruralareaswould receiveadditionalfundingtoassisttheminmeetingtheirtelecommunicationsandinformation servicesneeds.IIAccordingly,agreaterportionofE-ratefundingisallocatedtoPriority1 servicesthantoPriority2services,andpoorandruralschoolsreceivemoreE-ratefundingthan moreaffluentandurbanschools. WhiletheCommissiondidnotsetatargetforachievementatthetimeitestablished programgoals,thestatisticsabovesuggestthattheprogramhasbeensuccessfulingetting schoolsandlibrariesconnectedtotheInternet.TheCommissionalsohasendeavoredtoupdate andimprovemeasuresforgaugingprogramsuccess,inpartinresponsetotheGAO'sprevious reports.TheCommissionestablishedtwoperformancemeasuresfortheE-rateprograminan August2007Order:oneforInternetconnectivityandanotherforapplicationprocessing.12I 6 U.S.Dept.ofEducation,InstituteofEducationSciences,InternetAccessinU.S.PublicSchoolsandClassrooms: 1994-2005,4-5(2006),http://nces.ed.gov/pubs2007/2007020.pdf(NCESStudy). 7 Jd. at14,16. 8 InformationUseManagementandPolicyInstitute,CollegeofInformation,FloridaStateUniversity,Public LibrariesandtheInternet2006:StudyResultsandFindings,1(2006), http://www.ii.fsu.edu/projectFiles/plinternet/2006/2006_plinternet.pdf(FloridaStateStudy). 9 Federal-StateJointBoardonUniversalService,CCDocketNo.96-45,ReportandOrder,12FCCRcd8776, 9002,para.424(1997)(UniversalServiceFirstReportandOrder). 10 Federal-StateJointBoardonUniversalService,CCDocketNo.96-45,FifthOrderonReconsiderationand FourthReportandOrder,13FCCRcd14915,14938,para.36(1998);47C.F.R.�54.507(g). 11 UniversalServiceFirstReportandOrder,12FCCRcdat9049-50,paras.520-21. 12 ComprehensiveReviewoftheUniversalServiceFundManagement,Administrations,andOversight,Federal- StateJointBoardonUniversalService,SchoolsandLibrariesUniversalServiceSupportMechanism,RuralHealth CareSupportMechanism,LifelineandLink-Up,ChangestotheBoardofDirectorsoftheNationalExchange CarrierAssociation,WCDocketNo.05-195,CCDocketNo.96-45,CCDocketNo.02-6,WCDocketNo.02-60, - 89 - Page3-TheHonorableJoseph 1.Lieberman alsonotethattheCommissionhasestablishedmeasuresfortheUniversalServiceAdministrative Company(USAC)administrativetasksaspartofthememorandumofunderstandingbetweenthe CommissionandUSAC.13Thus,wedisagreewiththereport'sconclusionthattheCommission doesnothaveabasisonwhichtodeterminewhetherfundsdisbursedforPriorityIservicesare appropriate.Tothecontrary,webelievethefiguresabovedemonstratethattheprogramhasmet whatwasestablishedasitsinitialgoal.WealsodisagreewiththerepOli'sassertionthatthereis a"growingemphasis"onPriority1services.Weagreethattheamountoffundsactually disbursedforPriority1serviceshasincreasedinrecentyears,whilethedemandforPriority1 supporthasnotincreased.ThisdifferenceisaproductoftheCommission'spolicies-andthe implementationandoutreachofUSAC-designedtoimproveapplicants'successratein obtainingfundingforPriority1services.14Asthereportitselfnotes,applicantsplaceahigher priorityonreceivingfundingforPriority1services.! Still,giventhepaceatwhichsocietyandtedmologymovetoday,itisimportantto conductperiodicreviewsoftheCommission'sgoalstoexaminewhetherthosegoalsremain validorifadjustmentsarenecessary.TheCommissionhastakentheinitialactionsnecessaryto conductthisevaluationaspartofitsongoingcomprehensivereviewproceeding.16Specifically, initsAugust2008 NoticeofInquiry,theCommissionrequestedcommentonestablishingnew goals,bothshort-termandlong-term,fortheE-rateprogram.I?OncetheCommissionhas developedthesenewgoals,itwillreviseitspoliciesasnecessarytoachievethem,anddevelop performancemeasuresbywhichtodeterminerelativesuccess.Iwishtocaution,however,that performancemeasuresnotdirectlytiedtoresultsthattheprogramcanproducecouldbe distinctlyunhelpful.Forexample,itwouldbedifficulttodirectlyestablishtheeffectofE-rate fundsonstudentlearningbecausetherearesomanyvariablesinvolvedineducational achievement,suchascoursework,qualityofteaching,andparentalinfluence. TheGAO'ssecondrecommendationisthattheCommissionshouldreportannuallyinits performanceplanonreducingtheamountofE-ratefundingthatiscommittedbutnot WCDocketNo.03-109,CCDocketNo.97-21,ReportandOrder,22FCCRcd16372,16389-94,paras.38-49 (2007) (ComprehensiveReviewOrder). 13 SeeMemorandumofUnderstandingBetweentheFederalCommunicationsCommissionandtheUniversal ServiceAdministrativeCompany(Sept.9,2008),http://www.fcc.gov/omd/usac-mou.pdf(lastvisitedJune5,2009). 14 TheGAOnotesthatmorefundingforPriority1servicesisbeingdisbursedalthoughtherequesteddollaramounts havenotincreased. SeeGAOReportat13.TheCommissionispleasedthattheincreaseinPriority1fundingisa resultofapplicantsreceivingagreaterproportionoftheirrequestedfunding.GiventhattheCommissionhas determinedthatPriority1telecommunicationsandInternetaccessservicesarethemostcrucialtoschoolsand libraries,anincreaseinapplicants'successrateinreceivingthesefundsisapositivedevelopment. 15 GAOReportat15-17. 16 ComprehensiveReviewo/theUniversalServiceFundManagement,Administration,andOversight,WCDocket No.05-195,NoticeofProposedRulemakingandFurtherNoticeofProposedRulemaking,20FCCRcd11308 (2005) (ComprehensiveReviewNPRM);ComprehensiveReviewo/theUniversalServiceFundManagement, Administrations,andOversight,WCDocketNo.05-195,NoticeofInquiry,23FCCRcd13583(2008)(2008NOl).
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  • applicant employee with a role in the service provider selection process also has an ownership interest in the service provider seeking to participate in the competitive bidding process; and the applicant's FCC Form 470 does not describe the supported services with sufficient specificity to enable interested service providers 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. * *
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  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
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  • libraries discount matrix (i.e., schools and libraries eligible for a 90 percent discount). To the extent funds remain after discounts are awarded to entities eligible for a 90 percent discount, the rules provide that the Universal Service Administrative Company (USAC or the Administrator) shall continue to allocate funds for discounts to applicants at each descending single discount percentage. Further, section 54.507(g)(1)(iv) of the Commission's rules provides that if sufficient funds do not exist to grant all requests within a single discount percentage, the Administrator shall allocate the remaining support on a pro rata basis over that single discount percentage level. In a letter dated April 17, 2001, the Administrator notified the Common Carrier Bureau that the estimated demand for Funding Year
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  • including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A - FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart F - Universal Service Support for Schools and Libraries Section 54.507 is amended by revising paragraph (d) to read as follows: � 54.507 Cap. *** (d) Annual filing requirement. Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for
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  • service provider invoices for discounts. 47 U.S.C. � 254(h)(5)(E), (h)(6)(E). In particular, the timing requirement set forth in section 254(h)(5)(E) and 254(h)(6)(E) refers only to certifications under subparagraphs (B) and (C), and does not on its face refer to the certification required in section 254(h)(5)(A)(i)(II) and 254(h)(6)(A)(i)(II). 47 U.S.C. � 254(h)(5)(F)(i-ii), (h)(6)(F)(i-ii). 47 U.S.C. � 254(h)(5)(F)(iii), (h)(6)(F)(iii). 47 C.F.R. � 54.507. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 et. seq., has been amended by the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). See 5 U.S.C. � 603(a). See id. See Consolidated
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. SLD website, SLD President Announces First Funding Wave for Year 3, http://www.sl.universalservice.org/ whatsnew/042000.asp. 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that,
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  • support mechanism. The Commission stated that ``if the annual cap is not reached due to limited demand from eligible schools and libraries, the unspent funds will be available to support discounts for schools and libraries in subsequent years.'' Further, the Commission also stated that unused funds will be carried forward and added to the annual cap, if demand exists. Section 54.507(a) of the Commission's rules codifies the annual $2.25 billion cap on the schools and libraries support mechanism. Further, the rule provides that ``all funding authority for a given funding year that is unused in that funding year shall be carried forward into subsequent funding years for use in accordance with demand.'' The Commission's rules and policies provide additional guidance regarding
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  • a substantial percentage of lines in five years; (3) the indexed cap on the high-cost loop fund will limit excessive growth to a certain extent; (4) it may give incentive for incumbents to oppose competitive entry; and (5) it would be complex and administratively burdensome. See Rural Task Force Order, 16 FCC Rcd at 11325-11326, paras. 207-208. See 47 C.F.R. 54.507(b). See First Report and Order, 12 FCC Rcd at 8828-8830, paras. 94-96. First Report and Order, 12 FCC Rcd at 8829, para. 95. 47 U.S.C. � 214(e)(2). See, e.g., Letter from David Sieradzki, Competitive Universal Service Coalition to Marlene H. Dortch, Secretary, Federal Communications Commission, Ex Parte Notice, filed June 25, 2002 (arguing that states should be prohibited from imposing
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  • requested that others in the community be allowed to use these services for non-educational purposes. On December 3, 2001, the Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules. In the Alaska Order, the Commission concluded that there is nothing in section 254(h)(1)(B) that prohibits the Commission from granting a waiver of section 54.507(b)(2)(ii) of its rules to expand the use of such services, so long as in the first instance they are used for educational purposes. The Commission further determined that based on the special circumstances outlined in Alaska's petition, there was good cause to waive section 54.504(b)(2)(ii) of the Commission's rules for rural remote communities in Alaska who lack local or toll-free
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  • the exercise of breaking out the cost of voice mail from a bundled price for telecommunications service. We believe this modification will further our goals of improving program operation, without increasing opportunities for waste, fraud, and abuse. Accordingly, we deem voice mail to be eligible for discounts under the schools and libraries universal service support mechanism and amend sections 54.503, 54.507, and 54.517 of our rules. We instruct USAC to process funding requests for voice mail services starting in Funding Year 2004 consistent with this Order. Computerized Eligible Service List We conclude that it would be beneficial to develop a process that would simplify applicants' selection of eligible services. The Commission currently directs the Administrator to determine whether particular services fall
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  • bidding requirements and entered into agreements for eligible services, the applicant must submit a completed FCC Form 471 application to the Administrator. The Commission's rules direct the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. Applications that are filed outside of this window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that their applications are filed prior to the close of the filing window. In Funding Year 2001,
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  • 2003. IT IS FURTHER ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-54 and 254, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that the Funding Year 2002 filing window deadline established by the Schools and Libraries Division of the Universal Service Administrative Company pursuant to section 54.507(c) of the Commission's rules IS WAIVED for the affected applicants listed in the Appendix of this Order, and the Schools and Libraries Division shall take the steps outlined above to effectuate this Order. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Requests Denied APPENDIX B Although the specific circumstances of each of the following applicants vary, the record reflects
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  • . 47 C.F.R. � 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). The FCC Form 471 notifies SLD of the services that have been ordered and indicates the amount of discounts sought. Id. 47 C.F.R. � 54.507(g). Universal Service Order, 12 FCC Rcd at 9029-30, para. 481. 47 C.F.R. � 54.504(a). See Winston-Salem FCC Form 470. See Winston-Salem FCC Form 470. See Winston-Salem FCC Form 470. Winston-Salem Request for Review at 12. Id. See Winston-Salem Request for Review at 12. See Winston-Salem Response to SLD Item 25 Selective Review. See generally Winston-Salem FCC Form 471 and attachments;
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  • We further amend our rules so that the Commission will carry forward available unused funds from prior years on an annual basis. We find that, in light of the high demand for discounts, such action is consistent with section 254 and the public interest, as well as the framework established in the Schools and Libraries Order. Accordingly, we amend section 54.507(a) of our rules, as provided in Appendix A. The Administrator shall continue to estimate unused funds as the difference between the amount of funds collected, or made available for that particular funding year, and the amount of funds disbursed or to be disbursed. We note that the Administrator already considers the remaining appeals for a funding year when identifying unused
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  • Commission adopted a rule to provide additional time for recipients under the Schools and Libraries Universal Service Support Mechanism (Support Mechanism) to implement contracts or agreements with service providers for non-recurring services. This action provides schools and libraries with more time to install non-recurring services, and thereby make greater use of their Universal Service discounts. Next, the Commission revised Section 54.507(a) of its Rules to provide that unused funds from the Support Mechanism may be applied to stabilize the amount of contributions to the Universal Service Fund for no more than the next three quarters, beginning with the third quarter of 2002. Thereafter, unused funds from the Support Mechanism will be carried forward for use in subsequent funding years of the
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  • this proposal. We also seek comment on whether sections 54.313(d)(1) and (2), which contain deadlines for the first and second program years, remain necessary. Because these provisions appear to have expired by their own terms, we propose to delete them. We seek comment on this proposal. Subpart F - Universal Service Support for Schools and Libraries. Certain provisions in section 54.507(b), particularly paragraphs (1) and (2) regarding funding year 1998-99, appear to have expired by their own terms. We believe, however, that this section may remain necessary to allow proper adjustment of certain prior funding commitments. We therefore propose to retain and update, rather than repeal, this section, and seek comment on this proposal. Subpart G - Universal Service Support for
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  • 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, at 26936-39 (2003) (Schools and Libraries Third Order or Schools and Libraries Second Further Notice). 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 Fourth Report and Order, 13 FCC Rcd 14915, 14938 para. 36 (1998) (Fifth Order on Reconsideration). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Order, FCC 99-291
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  • 02-6, 19 FCC Rcd 16013 (2004). After review of the record, the Commission released the final Funding Year 2005 Eligible Services List for Funding Year 2005. See Release of Funding Year 2005 Eligible Services List for Schools and Libraries Universal Service Support Mechanism, Public Notice, CC Docket No. 02-6, 19 FCC Rcd 20221 (2004) (``Eligible Services PN''). 47 C.F.R. � 54.507(a). See, e.g., Letter from George McDonald, Vice President, Schools and Libraries Division, USAC to Lisa Gelb, Deputy Chief, Wireline Competition Bureau, FCC (Apr. 15, 2005) (stating that USAC's estimate of demand for Schools and Libraries support mechanism for funding year 2005 is $3.65 billion). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(c). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. � 54.504.
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  • date that the Administrator begins to receive applications for support, and concludes on a date to be determined by the Administrator. In light of the extensive property damage, including damage to the telecommunications and information systems employed by participants in the schools and libraries universal service support mechanism, caused by Hurricane Katrina in the Gulf Coast states, we waive section 54.507(c) of our rules and re-open the Funding Year 2005 filing window for schools and libraries, and consortia of schools and libraries, that were directly or indirectly affected by Hurricane Katrina to the extent set forth in this Order. The filing window shall be open for sixty days following the date of release of this Order. By waiving section 54.507(c) of
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  • The funding amount also is unlikely to significantly increase in the future because the current list of eligible entirely rural areas is not likely to change''); May 8th Universal Service Order, 12 FCC Rcd at 9160, � 748 (finding that ``the limits on the number of hours and dollar cap per provider create economically reasonable mechanisms''). See 47 C.F.R. � 54.507(g) (establishing priority system for E-rate program applications). Based on our past experience and estimates of funding requests received under the current program for funding year 2006, we estimate that approximately $55-60 million will be available for this pilot program in 2006. Although this pilot program is limited to two years, we will continue to fund those applicants already accepted into
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  • not relieving Kan-ed of the obligation to obtain LOAs from its members, we are merely granting Kan-ed additional time in which to produce to USAC proof of its authority to apply on behalf of its members. We deny, however, Kan-ed's request to add members to Block 4 of its Funding Year 2006 FCC Form 471 throughout the funding year. Section 54.507(c) requires all applications to be submitted by a date determined by USAC. While we understand Kan-ed's desire to provide service to entities that decide to join its consortium during the funding year, we find that allowing Kan-ed an open-ended application may undermine the integrity of the E-rate application and disbursement process. In particular, we are concerned with the administrative burden
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  • 2006) (Louisiana Petition); Request to Extend the Temporary Universal Service Wireless Lifeline Program, CC Docket 96-45 (filed Feb. 24, 2006) (T-Mobile Petition). See Federal Emergency Management Administration, About Hurricane Katrina, at http://www.fema.gov/hazards/floods/recoverydata/katrina_about.shtm (updated Dec. 5, 2005). Hurricane Katrina Order, para. 2. Id. Id. paras. 9, 37. Id. para. 38. Id. E-rate Petition at 2-3. (last visited February 27, 2006). Section 54.507(c) of the Commission's rules provides that E-rate funding is available on a first-come-first-served basis for applications filed within the filing window established by the Universal Service Administrative Company (Administrator). 47 C.F.R. � 54.507(c). The Administrator determined to close the filing window for FY 2006 on February 16, 2006. Therefore, Petitioners seek an extension of the FY 2006 filing window to
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  • The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and libraries filings within that period as if their applications were simultaneously received. The Commission has vested in USAC the responsibility of
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  • mechanisms for rural carriers, including section 54.305, and to determine the appropriate rural mechanism to succeed the five-year plan adopted in the Rural Task Force Order. The Commission awaits the Joint Board's recommendation. We, therefore, decline to delete or modify section 54.305 as suggested by USTA at this time. Subpart F - Universal Service Support for Schools and Libraries. Sections 54.507(b)(1)-(2) define ``funding year'' for the first year of the schools and library program and ``funding year'' for the years following the first year of the schools and libraries program. In addition, section 54.507 describes funding for eligible, recurring and nonrecurring services and associated filing requirements. The Commission proposed that portions of section 54.507(b), which appear to have expired by their
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  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. � 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. � 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See
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  • Docket No. 96-45, 13 FCC Rcd 25058, 25067, para. 16 (1998); Request for Review by Brooklyn Public Library, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-149423, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 18598, 18602, n.23, 18607, n.46 (2000). See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See, e.g., 47 C.F.R. � 54.507(g); Schools and Libraries News Brief (Jan. 19, 2007) < http://www.universalservice.org/sl/tools/news-briefs/preview.aspx?id=73> (retrieved Mar. 6, 2007) (announcing that there were insufficient funds for Funding Year 2005 to fund Priority Two services for applicants eligible for only 80 percent or lower discounts). See, e.g., Instructions for Completing the Schools
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  • 2; SECA Comments at 8. See 2006 Interim Contribution Methodology Order, 21 FCC Rcd at 7520, para. 3. 2006 Interim Contribution Methodology Order, 21 FCC Rcd at 7420, para. 3 (citing Telecommunications Industry Association, TIA's 2006 Telecommunications Market Review and Forecast, 71 (2006) (TIA 2006 Report)). Priority 1 services are telecommunications services, voice mail, and Internet access pursuant to section 54.507(g)(1)(i) of our rules. 47 U.S.C. � 254(h), 254(l). Congress included CIPA as part of the Consolidated Appropriations Act, 2001. Pub. L. No. 106-554 �� 1731 et seq. 47 U.S.C. � 254(h), 254(l). 47 U.S.C. � 254(h)(5)(A)(ii), 254(h)(6)(A)(ii). See 47 U.S.C. � 254(h)(5)(A)(ii), 254(h)(6)(A)(ii). See supra para. 11; 2008 ESL at 21. See CALEA First Report and Order, 20 FCC Rcd
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  • has already implemented caps on the schools and libraries and rural health care universal service mechanisms. Universal Service First Report and Order, 12 FCC Rcd at 9054, 9140, paras. 529, 704 (establishing a $2.25 billion annual cap for the schools and libraries mechanism and a $400 million annual cap for the rural health care mechanism); see also 47 C.F.R. �� 54.507(a), 54.623(a). 47 U.S.C. � 254(b)(5); see also Universal Service First Report and Order, 12 FCC Rcd at 9054, 9140, paras. 529, 704. Alenco Commc'ns, Inc. v. FCC, 201 F.3d 608, 620-21 (5th Cir. 2000) (Alenco). Alenco, 201 F.3d at 620. Qwest Commc'ns Int'l Inc. v. FCC, 398 F.3d 1222, 1234 (10th Cir. 2005). Pursuant to section 214(e)(5) of the Act,
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  • as amended, 47 U.S.C. �� 151-154, 201 through 205, 254, 303(r), and 403, this report and order IS ADOPTED. IT IS FURTHER ORDERED, that pursuant to the authority contained in sections 1 through 4, 201-205, 254, 303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154, 201 through 205, 254, 303(r), and 403, sections 54.503, 54.507, and 54.517 of the Commission's rules, 47 C.F.R. �� 54.503, 54.507 and 54.517, IS AMENDED as set forth in Appendix B, effective thirty (30) days after the publication of this report and order in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this report and
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  • for funding under the E-rate program on the grounds that they submitted their FCC Forms 471 after the relevant filing window deadline. Specifically, we grant 97 requests because we find that the petitioners either timely filed their FCC Forms 471 or the petitioners have demonstrated that special circumstances exist to justify a waiver of the filing deadline found in section 54.507(c) of the Commission's rules. Accordingly, we remand these underlying applications to USAC for further action consistent with this order. To ensure that these underlying applications are resolved expeditiously, we direct USAC to complete its review of each of these applications and issue an award or a denial based on a complete review and analysis no later than 90 calendar days
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  • Specifically, we proposed to add leased dark fiber to the ESL with the same conditions as when it was previously on the ESL. Id. at 6894, para. 54. 8 NBP at 237 (NBP Recommendation 11.17). 9 Id. at 153 (NBP Recommendation 8.20). 10 As explained herein, the E-rate program has been capped at $2.25 billion a year. 47 C.F.R. � 54.507(a). Requests for discounted amounts for E-rate services, however, have almost always exceeded that cap. Thus, the Commission has established a priority system for allocating E-rate funds to eligible services. 47 C.F.R. � 54.507(g)(1). All eligible requests for priority one services are funded first; any E-rate funds remaining are then used for priority two services, mainly internal connections, on a discount
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver of Sections 54.504(c), ) 54.504(f), 54.507(c), and 54.507(g) of the ) Commission's Rules ) ) State of Louisiana Department of Education ) File Nos. SLD-412169, 422313 Baton Rouge, LA ) ) Recovery School District ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) New Orleans Public Schools ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) Schools and
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  • LEC ETCs and competitive ETCs received $585 million of IAS and $1.62 billion of ICLS. 2009 Universal Service Monitoring Report, Table 3.1. The schools and libraries universal service funding mechanism (the E-rate program) is capped at $2.25 billion per funding year, and the rural health care support mechanism is capped at $400 million per funding year. See 47 C.F.R. �� 54.507(a), 54.623. The low-income support mechanism is not capped, and continues to grow, but grew by less than $240 million between 2001 and 2008. See 2009 Monitoring Report, Table 2.2. Although high-cost support is not subject to an overall cap, portions of the high-cost support mechanism, are subject to a cap or target. 47 C.F.R. � 54.305(e) (capping safety valve support
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  • money in their budget to pay for internal connections. And in any event, we are concerned that the same few schools continue to receive all of the available funding, year after year, while many schools that have nearly as many students in poverty receive no funding for internal connections. Set Aside for Internal Connections. We seek comment on revising section 54.507 of our rules to set aside a defined amount of funding from the $2.25 billion fund for internal connections before priority one funding is allocated. We seek comment on an appropriate amount to set aside for internal connections. For instance, would $500 million be an appropriate amount to set aside for internal connections? Depending on the amount set aside, it
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  • absolve schools and libraries of their obligation to adhere to the Children's Internet Protection Act (CIPA) requirements when they use that service to obtain Internet service or access to the Internet.'' We revise the last part of that sentence to read: ``. . . when they use USF funding to 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.''
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  • change their service provider when that change is allowed under its state and local procurement rules and under the terms of the contract between the applicant and its original service provider, and the applicant has notified its original service provider of its intent to change service providers). In such cases, applicants should file an FCC Form 500. 47 C.F.R. � 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Apr. 12, 2011). (last viewed Apr. 12, 2011). Note that, currently, USAC will decline to post an FCC Form 470 when it finds that the Form 470 fails to meet the minimum processing standards as due
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  • para. 42. (last visited Jan. 12, 2012). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15816, para. 24 (2004) (Schools and Libraries Fifth Report and Order). Id. The E-rate funding year starts on July 1 and ends on June 30 of the next calendar year. See 47 C.F.R. � 54.507(b). See id. � 54.507(d); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). See 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. See, e.g., 47 C.F.R. � 54.702(g) (requiring USAC to file information annually regarding ``administrative action
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 APPENDIX B - Final Rules AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.wp
  • providers. Among other things, the September 10 Public Notice sought comment 4 on whether a "window" period or a series of "window" periods should be established that would give equal priority to all schools, libraries, and rural health care applicants filing for funds within Federal Communications Commission FCC 97-380 Id. 5 Universal Service Order at para. 535; 47 C.F.R. � 54.507(c) (stating that "[f]unds shall be available to fund 6 discounts for eligible schools and libraries and consortia or such eligible entities on a first-come-first-served basis . . . "); 47 C.F.R. � 54.623 (first-come-first-served rule for rural health care providers). See, e.g., Alaska at 1-2; Anchorage School Dist. at 1; DataCast at 1; Great City Schools Council at 2; Kansas
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • rules, once there is only $250 million available to be committed in a 149 given funding year to schools and libraries, only those schools and libraries that are most economically disadvantaged and have not yet received discounts from the universal service mechanism in the previous year would be granted guaranteed funds, until the cap is reached. See 47 C.F.R. � 54.507(f). 35 service support they should receive for services rendered and on which schools, libraries, and rural health care providers confirm that they have received such services; (5) submitting all quarterly projections of demand and their own administrative expenses to the Commission; (6) informing USAC, based on the information contained in the bills for services provided, of the amount of universal
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • the date that the Schools and Libraries Corporation and the Health Care Corporation begin to receive applications for support. We also conclude that the administrative corporations will determine the length of the window and resolve other administrative issues necessary to implement our decision to adopt a window filing period consistent with our guidance set forth below. Therefore, we amend sections 54.507(e) and 54.623(c) of our rules to implement this change. In addition, we delegate authority to the Chief, Common Carrier Bureau to resolve unanticipated technical and operational issues relating to the new universal service mechanisms that may arise in the future. 2. In the Universal Service Order, we concluded that the Administrator would commit funds to applicants on a first-come first-served
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.wp
  • Quarter 1998 Universal Service Contribution Factors Revised and Approved Public Notice. _______________________________________________________________ Rule Changes Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: Part 54 -- UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: Authority: 47 USC Secs. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 54.507 Cap. 2. Section 54.507 is amended by revising the second sentence of paragraph (a) to read as follows: (a) * * * First, no more than $625 million shall be collected or spent for the funding period from January 1, 1998 through June 30, 1998. * * * * * * * * 54.623 Cap. 3. Section 54.623 is amended
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
  • at 9054-56, 9140-41. 9 nonrecurring rather than recurring costs.25 Moreover, installation of internal connections frequently requires that the projects be timed to occur during periods when school is out of session and students are not present in instructional buildings. Thus, the installation of internal wiring might be completed in stages during winter and summer vacation periods. Accordingly, we amend section 54.507(b) of our rules, as provided in Appendix A. 14. The transition to a fiscal year funding cycle adopted herein requires that we reconsider on our own motion the limitation on the exemption from competitive bidding for voluntary extensions of contracts. Our rules currently provide that voluntary extensions of existing contracts are not exempt from the competitive bidding rules.26 In order
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.wp
  • 30, 1999. Id. The Fifth Reconsideration Order also established new rules to govern how funding will take place in situations where available funding is less than total demand; see n.3, supra. The rules of priority provide that requests for telecommunications services and Internet access for all discount categories shall receive first priority for the available funds. See 47 C.F.R. � 54.507(g)(1)(i). 15 This increase reflected the extension of the first funding year from 12 months to 18 months; see n. 14, supra. 16 Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 3. 17 Fifth Reconsideration Order, 13 FCC Rcd at 14938, paras. 3, 37-8. 18 Fifth Reconsideration Order, 13 FCC Rcd at 14928, para. 19. See also Universal Service Order,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; Performance of outreach and education functions; Review of bills for services that are submitted by schools and libraries; Monitoring demand for the purpose of determining when the $2 billion trigger has been reached; 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
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp
  • to the initial window filing periods by October 31, 1997 and, to facilitate notification to the public, directed the Common Carrier Bureau to issue a public notice announcing the Corporations' decisions. 2. As of October 31, 1997 both the Schools and Libraries Corporation and the Health Care Corporation have adopted a filing window of 75 days. Therefore, consistent with sections 54.507(c) and 54.623(c) of the Commission's rules, all requests for support filed pursuant to a signed contract and received by the Schools and Libraries Corporation within 75 days of the day the Schools and Libraries Corporation begins to receive requests will be treated as if they were simultaneously received. Likewise, all such requests from health care providers received within 75 days
• http://transition.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613.html
  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commissions Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
• http://transition.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613a.html
  • items scheduled for consideration at the June 13, 2002, Open Meeting and previously listed in [4]the Commissions Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE : Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY : The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- The summaries listed in this notice are intended for the use of the public attending open Commission meetings. Information not summarized may also be considered at such meetings. Consequently these summaries should not be interpreted to limit the Commission's authority to consider any relevant information. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.doc
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp
  • 96-45, at par. 37. 6. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 7. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 8. Eighth Order on Reconsideration in CC Docket No. 96-45, at par. 64. 9. 47 CFR 54.507(g)(1)(ii). 10. 47 CFR 54.507(g)(1)(iii). 11. National Overview: Wave VII. 12. Fourth Report and Order, CC Docket No. 96-45, at par. 35. References 1. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt 2. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp 3. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf 4. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_1_ 5. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_2_ 6. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_3_ 7. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_4_ 8. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_5_ 9. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_6_ 10. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_7_ 11. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_8_ 12. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_9_ 13. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_10_ 14. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_11_ 15. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_12_
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See
• 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
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 APPENDIX B - Final Rules AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.wp
  • providers. Among other things, the September 10 Public Notice sought comment 4 on whether a "window" period or a series of "window" periods should be established that would give equal priority to all schools, libraries, and rural health care applicants filing for funds within Federal Communications Commission FCC 97-380 Id. 5 Universal Service Order at para. 535; 47 C.F.R. � 54.507(c) (stating that "[f]unds shall be available to fund 6 discounts for eligible schools and libraries and consortia or such eligible entities on a first-come-first-served basis . . . "); 47 C.F.R. � 54.623 (first-come-first-served rule for rural health care providers). See, e.g., Alaska at 1-2; Anchorage School Dist. at 1; DataCast at 1; Great City Schools Council at 2; Kansas
• 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
  • rules, once there is only $250 million available to be committed in a 149 given funding year to schools and libraries, only those schools and libraries that are most economically disadvantaged and have not yet received discounts from the universal service mechanism in the previous year would be granted guaranteed funds, until the cap is reached. See 47 C.F.R. � 54.507(f). 35 service support they should receive for services rendered and on which schools, libraries, and rural health care providers confirm that they have received such services; (5) submitting all quarterly projections of demand and their own administrative expenses to the Commission; (6) informing USAC, based on the information contained in the bills for services provided, of the amount of universal
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • the date that the Schools and Libraries Corporation and the Health Care Corporation begin to receive applications for support. We also conclude that the administrative corporations will determine the length of the window and resolve other administrative issues necessary to implement our decision to adopt a window filing period consistent with our guidance set forth below. Therefore, we amend sections 54.507(e) and 54.623(c) of our rules to implement this change. In addition, we delegate authority to the Chief, Common Carrier Bureau to resolve unanticipated technical and operational issues relating to the new universal service mechanisms that may arise in the future. 2. In the Universal Service Order, we concluded that the Administrator would commit funds to applicants on a first-come first-served
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.wp
  • Quarter 1998 Universal Service Contribution Factors Revised and Approved Public Notice. _______________________________________________________________ Rule Changes Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: Part 54 -- UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: Authority: 47 USC Secs. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 54.507 Cap. 2. Section 54.507 is amended by revising the second sentence of paragraph (a) to read as follows: (a) * * * First, no more than $625 million shall be collected or spent for the funding period from January 1, 1998 through June 30, 1998. * * * * * * * * 54.623 Cap. 3. Section 54.623 is amended
• 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
  • at 9054-56, 9140-41. 9 nonrecurring rather than recurring costs.25 Moreover, installation of internal connections frequently requires that the projects be timed to occur during periods when school is out of session and students are not present in instructional buildings. Thus, the installation of internal wiring might be completed in stages during winter and summer vacation periods. Accordingly, we amend section 54.507(b) of our rules, as provided in Appendix A. 14. The transition to a fiscal year funding cycle adopted herein requires that we reconsider on our own motion the limitation on the exemption from competitive bidding for voluntary extensions of contracts. Our rules currently provide that voluntary extensions of existing contracts are not exempt from the competitive bidding rules.26 In order
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992036.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992036.txt
  • Commission's Tenth Reconsideration Order in this docket, extending the previous deadline of June 30, 1999. In this Order, we conclude that SMBSD has failed to demonstrate particular facts or special circumstances warranting a deviation from the general rule established in the Tenth Reconsideration Order. Accordingly, we deny SMBSD's petition for a waiver of the September 30, 1999, deadline. BACKGROUND Section 54.507(d) of the Commission's rules requires schools and libraries ``to file new funding requests for each funding year.'' Section 54.507(e) limits the availability of discounts for a long-term contract covering eligible services to the funding year for which discounts are sought. Moreover, section 54.507(b) states that, for the 1998-1999 funding year, ``[s]chools and libraries filing applications within the initial 75-day filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.txt
  • 1999. In this order, we conclude that MVCSD has demonstrated particular facts and special circumstances sufficient to warrant a departure from the general rule established in the Tenth Reconsideration Order. Accordingly, we grant MVCSD's petition to waive the September 30, 1999, deadline and, as requested by MVCSD, we extend the deadline by 30 days to October 30, 1999. BACKGROUND Section 54.507(d) of the Commission's rules requires schools and libraries ``to file new funding requests for each funding year.'' Section 54.507(e) limits the availability of discounts for a long-term contract covering eligible services to the funding year for which discounts are sought. Moreover, section 54.507(b) states that, for the 1998-1999 funding year, ``[s]chools and libraries filing applications within the initial 75-day filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992537.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992537.txt
  • presence of additional, peripheral WAN functionality in the router, which is not being used, does not render the router ineligible for funding as a part of wide area network facilities. As such, we conclude that White Sulphur Springs is entitled to discounts for this service. To the extent necessary to effectuate the decision above, we grant a waiver of section 54.507(b)(2) of the Commission's rules. This rule provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the appeal filed by White Sulphur Springs School District on April 22,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992798.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992798.txt
  • question Empire's status as a common carrier. Under these circumstances, we remand Joplin's application to SLD for further consideration of the question of whether Empire is a "telecommunications carrier" and whether it qualified as such during the period of time that corresponds to Joplin's instant funding request. 8. To the extent necessary to effectuate the decision above, we waive section 54.507(b)(2) of the Commission's rules. This rule section provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. 9. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91. 0.291, and 54.722(a), that the Letter of Appeal filed by Joplin R8 School District
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.txt
  • site was an inadvertent error. We, therefore, remand Simpson County's application to SLD and direct SLD to reprocess this application and issue a new Funding Commitment Letter based on the facts in the record and any further consultations with the applicant that may be necessary. To the extent necessary to effectuate the decision above, we grant a waiver of section 54.507(b) of the Commission's rules. This rule provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the appeal filed by Simpson County School District, Mendenhall, Mississippi, filed June
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
  • non-compliance with the 28 day posting requirement set forth in 47 C.F.R. � 54.504(b)(4), we believe that a waiver of that requirement is warranted. Under these circumstances, we remand Runnemede's application to SLD for reprocessing and the issuance of an appropriate Funding Commitment Letter. To effectuate the decision above, we recognize that it may be necessary also to waive section 54.507 of the Commission's rules. This rule section provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91. 0.291, and 54.722(a), that the appeal filed by Runnemede Public Schools, Runnemede, New Jersey on
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.txt
  • for rehearing and rehearing en banc denied, (Sept. 28, 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests for each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.wp
  • 30, 1999. Id. The Fifth Reconsideration Order also established new rules to govern how funding will take place in situations where available funding is less than total demand; see n.3, supra. The rules of priority provide that requests for telecommunications services and Internet access for all discount categories shall receive first priority for the available funds. See 47 C.F.R. � 54.507(g)(1)(i). 15 This increase reflected the extension of the first funding year from 12 months to 18 months; see n. 14, supra. 16 Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 3. 17 Fifth Reconsideration Order, 13 FCC Rcd at 14938, paras. 3, 37-8. 18 Fifth Reconsideration Order, 13 FCC Rcd at 14928, para. 19. See also Universal Service Order,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99292.doc
  • sections 54.504(a) and 54.504(c) of the Commission's rules. Second, certain commitments were issued contrary to Commission rules regarding funding priority. The funding priority rules were established to ensure that the neediest schools and libraries received priority for discounts on internal connections. For the first year of the mechanism, USAC determined, based on the discount funding priority rule found in section 54.507(g)(1)(iii) of the Commission's rules, and an estimate of available funds, that only those schools and libraries eligible for discounts of 70 percent or more would be eligible for discounts on internal connections. USAC discovered that it committed funding to underwrite discounts for internal connections for some institutions with a discount eligibility of less than 70 percent. Finally, in addition to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.txt
  • phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. �� 54.504, 54.511. Pre-existing contracts, as defined by Commission rules, are exempt from the competitive bidding requirements. 47 C.F.R. � 54.511(c). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). Federal Communications Commission DA 00-19 Federal Communications Commission DA 00-19 t u @& �|� ! 1 A Q a q � ` � � � � � � �0� �0� �0� �0� �0� �0� �0� �`� �0�
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  • action on the request filed by Franklin County Schools, Carnesville, Georgia, on December 30, 1999 IS EXTENDED BY sixty days, pursuant to section 54.724 of the Commission's rules, 47 C.F.R. � 54.724. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Alicia A. Frey, Franklin County Schools, to Federal Communications Commission, filed December 30, 1999. Section 54.507(b)(2) of the Commission's rules requires that all non-recurring services requested for year one be received by September 30, 1999. 47 C.F.R. � 54.507(b)(2). Section 54.724 of the Commission's rules, 47 C.F.R. � 54.724, requires that requests for review of an Administrator's decision must be resolved within ninety days unless the time period is extended. Federal Communications Commission DA 00-704 �
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  • Council v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds), petitions for cert. pending. See also Federal-State Joint Board on Universal Service, CC-Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, par. 9 (1998) (Fifth Reconsideration Order); 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and 9134,
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  • Bureau Letter from John Quirk, Archbishop Quigley Preparatory Seminary, to Federal Communications Commission, filed on April 1, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Bureau Letter from Gary Nuhn, Atlanta C-3 School District, to Federal Communications Commission, filed on May 18, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Ken Clark, Bonner Springs Unified School District #204, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). Section 54.719 (c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719 (c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Federal Communications Commission, filed February 14, 2000 (Letter of Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ralph Weinberg, Arizona Call-A-Teen Center, issued January 31, 2000; Letter from Schools and Libraries Division to Ralph Weinberg, Arizona Call-A-Teen Center, issued July 8, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920-23, paras. 6-14 (1998) (Fifth Reconsideration Order). Fifth Reconsideration Order, 13 FCC Rcd at 14920, para. 8. 47 C.F.R. � 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information
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  • 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 submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In its Request for Waiver and accompanying materials, Council Bluffs indicates that it filed its FCC Form 470 on February 6, 1998. On March 20, 1998, Council Bluffs,
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  • 25, 2000 (Letter of Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joe Gann, Franklin County Public Schools, issued January 31, 2000 (SLD Appeal Determination Letter); Letter from Schools and Libraries Division to Joe Gann, Franklin County Public Schools, issued July 8, 1999 (Funding Commitment Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002084.doc
  • that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. The applicant requests support for services ordered by submitting an FCC Form 471, which must bear an original signature of a person authorized to submit the form on behalf of the applicant. Applications filed during the filing window prescribed in section 54.507(c) of the Commission's rules are deemed simultaneously filed and are prioritized according to the rules set forth in section 54.507(g) of the Commission's rules. The filing window for the 1998-99 funding year (Year 1) opened on January 30, 1998, and closed on April 15, 1998. Cordova filed an FCC Form 471 requesting support for discounted services in Year 1 on
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  • rules and procedures. By entering into an agreement prior to the allowable contract date established by SLD, Sackets Harbor failed to comply with the Commission's competitive bidding requirement. We conclude, moreover, that Sackets Harbor has not presented adequate grounds for grant of a waiver of the 28-day posting requirement. We granted waivers of the 28-day posting requirement and/or the section 54.507(g) filing window deadline in two cases where posting delays caused the waiting period to extend past the filing window deadline, and the applicants, upon discovering the delays, contacted SLD to determine how to proceed. In contrast, SLD's posting delay in this case did not cause Sackets Harbor's waiting period to extend past the filing window deadline of April 6, 1999.
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  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d), (e). In the Tenth Reconsideration Order, the Commission extended the Year 1 deadline for schools and libraries to use their discounts on non-recurring services from June 30, 1999 to September 30, 1999. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983 (1999) (Tenth Reconsideration Order). The initial Year 2 deadline was
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  • USAC estimates, however, that more than $562.5 million may need to be disbursed in the second quarter of 2000 due to the lag between the collection of funds and their ultimate disbursement during Year 2. Given that total funding will be at or below the annual cap and that disbursements have lagged behind commitments for Year 2, we waive section 54.507(a) of the Commission's rules to enable USAC to make disbursements in excess of $562.5 million for the schools and libraries support mechanism in the second quarter of 2000. It is therefore ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that
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  • Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; Performance of outreach and education functions; Review of bills for services that are submitted by schools and libraries; Monitoring demand for the purpose of determining when the $2 billion trigger has been reached; 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
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  • applicants who had 27 or fewer funding requests (FRNs) to complete before the filing window closed, based upon its initial estimate of how many funding requests could be entered in the time period in which the server failed. II. DISCUSSION In this Order, we waive on our own motion the filing window deadline established by the Administrator pursuant to section 54.507(c) of our rules, for certain applicants for universal service support for schools and libraries for the July 1, 2000 - June 30, 2001 funding year. The Commission may waive any provision of its rules on its own motion and for good cause shown. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest.
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  • matter of fundamental fairness, therefore, we are compelled to take action to restore the affected applicants to the position they would have been in but for the evidence of possible irregularities by Mastermind uncovered by the Administrator. In this Order, therefore, we waive on our own motion the Year 3 filing window deadline established by the Administrator pursuant to section 54.507(c) of our rules, for certain applicants, listed in Appendix A, infra, for universal service support for schools and libraries for the July 1, 2000 - June 30, 2001 funding year. The Commission may waive any provision of its rules on its own motion and for good cause shown. A rule may be waived where the particular facts make strict compliance
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  • Rcd 3416 (Common Carrier Bur. 1999). We note that, in certain situations, we would consider a date-stamped postal return receipt to be persuasive evidence that a communication had in fact been received by SLD. The Commission has established rules of priority for the distribution of support when total demand exceeds total support available for the funding year. See 47 C.F.R. 54.507(g). (continued....) Federal Communications Commission DA 01-65 Federal Communications Commission DA 01-65 [ \ � @& �0� �0� �0� �0� �0� �0� ��� ]
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  • Pioneerland Library System, to Schools and Libraries Division, Universal Service Administrative Company, dated February 16, 1999. See Letter of the Schools and Libraries Division, Universal Administrative Company, to Beth Lunn, Pioneerland Library System, dated May 14, 1999 (Administrator's Decision on Appeal). Under the Commission's rules, the application period for each funding year begins with a filing window. 47 C.F.R. � 54.507(c). All applications filed during this window are deemed simultaneously filed for funding priority purposes. 47 C.F.R. � 54.507(c). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of internal connections and
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  • Directors of the National Exchange Carrier Association, Inc, File No. SLD-113262, CC Dockets No. 96-45 and 97-21, DA 00-1517, Order, para. 7 (Com. Car. Bur. rel. July 10, 2000). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �� 54.504 et seq. Federal Communications Commission DA 01-506 Federal Communications Commission DA 01-xxx F F � � � �
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  • Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). See SLD Letter of Appeal at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. In re Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4707-08, para. 22 (1991) (citing Office of Personnel Management v. Richmond, 497 U.S. 1046 (1990)). A person relying on informal advice given by staff does so at his
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  • Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01- 525 Federal Communications Commission DA 01-525 � � �� �@��� @& �0� �0� �0� �0� �0� �0� ��� �
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  • remote access, such access must only be from sites for which services would be eligible for discount under the program. See November 9, 1999, Request for Review at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-585 -585 \ ] � 9 � � �
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  • reviews the FCC Form 471 and is responsible for determining whether the discounts sought by applicants are eligible for funding. Request for Review at 2-4. The supporting documentation indicates that the cost of the 5-year warranty for the main library (Copley Square) that is the subject of this funding request is $10,696. See BPL Summary Cost Response. 47 C.F.R. � 54.507(e). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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  • Cook, Schools and Libraries Division, Universal Service Administrative Company, dated August 9, 1999, at 2-4 (listing proposed services from Bellsouth, including ineligible voicemail and phonesets). See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01-652 Federal Communications Commission DA 01-XXX � � � � �@��� � @& �0� �0� �0� �0� �0� �0� ��� �
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  • Appeal at 1. Request for Review at 2. Id. at 5. Id. at 6-7. Request for Review, attachments. , dated March 27, 1998. See Request for Review at 7. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-653 s t � � � � �
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  • Letter from Jean Reicks, St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See
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  • and Libraries Division, Universal Service Administrative Co., to John Ardoin, St. Landry Parish School Board, filed March 1, 2000, at 1 (Administrator's Decision on SPIN Change). Id. Request for Review at 2. FCC Forms 471 received during the filing window receive priority for support as compared to applicants that file their applications after the window has closed. 47 C.F.R. � 54.507(g). Request for Review at 2. FCC Form 471, St. Landry Parish School District, filed March 26, 1999, at 2. Request for Review at 2. Request for Review at 2. Copan Order, 15 FCC Rcd 5498, � 6. 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (Oct.
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  • 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 signing and submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In Funding Year 2, the filing window for priority funding closed on April 6, 1999. The Commission's rules also provide that applicants filing outside the established window will
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010876.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010876.txt
  • action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • at 1. Request for Review. We note that SLD has no record of receipt of the revised list Delano states that it sent to SLD. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Common Carrier Bur. rel. July 10, 2000); Request for Review of the Decision of the
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  • Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to
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  • prepared and thereafter attempted to file the forms. We have reviewed the record before us and conclude that Homer has not demonstrated a reasonable basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. By filing late, Homer ran the risk of not receiving any funding. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. While the school may employ consultants to assist it, the school ultimately bears the responsibility of completing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.txt
  • reviewed the record before us and conclude that ICS has not demonstrated a sufficient basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. ICS is subject to the funding priorities set forth in section 54.507(c) of the Commission's rules which states that funds will be available on a first-come-first-served basis. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. The applicant bears the burden of getting its forms and other information to SLD for processing within the established deadline if the applicant wishes to be considered with
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011231.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011231.txt
  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Seward Community Library, filed January 14, 2000. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Linville, Seward Community Library, dated August 4, 2000
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011251.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011251.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.txt
  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011329.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011329.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window for
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.txt
  • and 54.722(a), that the Request for Review filed by Dallas Independent School District on February, 12, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ruben Bohuchot, Dallas Independent School District, to Federal Communications Commission, filed February 12, 2001 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.txt
  • Common Carrier Bureau Letter from Diane McCord, Madison District Schools, to Federal Communications Commission, filed February 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g)(1)(iii); 47 C.F.R. � 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.txt
  • an original signature certification. Id. Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Fair Lawn Public Schools, dated June 8, 2000. Request for Waiver supra note 1, at 1. 47 C.F.R. � 54.507(c). 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 897 F.2d at 1159 (stating that the Commission may take
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.txt
  • April 25, 1997. These dates are established by copies of the three service agreements between Bell Atlantic and Altoona included in the record. Under the Commission's rules, funds available for discounted services are provided on a first-come-first-served basis, but applications filed within an initial filing period (the filing window) are treated as if they were received simultaneously. 47 C.F.R. � 54.507(c). In Funding Year 1, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window (which closed on April 15, 1998) received funding. See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.txt
  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Connect2 Internet Networks, Inc., filed January 19, 2000. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Grannum, Epiphany Lutheran School, dated September
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.txt
  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Marshall requests a
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.txt
  • Division, Universal Services Administrative Company, to Karen Aeppli, Santa Anna Unified School District, dated March 2, 2001 (Administrator's Decision on Appeal), at 1. Request for Review at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). 01-1514 01-1514 4 5 ' `` �
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. By letter dated
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011558.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011558.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking).. FCC Form 471, Southeastern Ohio Voluntary Education Cooperative, filed January 18 (SEOVEC Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.txt
  • Egg Harbor City Public Schools, Egg Harbor City, New Jersey, issued January 29, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order) See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • (January 1-December 31), and therefore it could have requested funding for the entire year. See Universal Service Order, 12 FCC Rcd at 9057, para. 535. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Federal Communications Commission DA 01-1825 � � *  `` 0UU
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.txt
  • See Letter of Appeal of Fort Wayne Community School District to Federal Communications Commission, filed July 1, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.txt
  • Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.txt
  • Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). Letter from Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.txt
  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See Waiver Request. See id; Letter from Deborah Brush,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.txt
  • Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c); 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.txt
  • C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 3, applicants that filed their FCC Form 471s electronically were required to submit the signed Block 6 certifications separately, no later than January 31, 2000. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie Marker, dated February 2, 2001. See FCC Forms
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.txt
  • 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.txt
  • 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour past the 11:59 p.m. close of the filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.txt
  • 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA 01-2063 Federal Communications Commission DA 01-2063 E F
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  • request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. � 1.3. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.txt
  • County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } � =�6�
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.txt
  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of certifications to January 31, 2000. Id. Waiver Request; Letter from Cheryl Bjoin, Watonwan County Library, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
  • 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries Division, Universal Service Administrative Company, to David Jobe,
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  • from the Commission. 47 C.F.R. � 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). .
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  • Application Three satisfied the Commission's competitive bidding requirement, it was not eligible for in-window funding priority. NYMA filed Application Three on February 28, 2000. In Funding Year 3, the filing window for applications closed on January 19, 2000. Since Application Three was filed after this filing window deadline, the application was subject to separate funding priorities under Commission rules. Section 54.507(c) of the Commission's rules states that fund discounts will be available for out-of-window applications on a first-come-first-served basis. In Funding Year 3, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window received funding. Accordingly, we conclude that it was appropriate for SLD to determine that the funding requests in Application
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.txt
  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >. FCC Form 470, Bear Lake County Public Library, Montpelier, Idaho, filed December 28, 1999. FCC Form 471, Bear Lake County Public Library, Montpelier, Idaho, filed January 28, 2000. Waiver Request. Waiver Request. >. Id. FCC Form 471, Bear Lake County Library District, Montpelier, Idaho, filed January 28, 2000. Northeast Cellular Telephone Co. v. FCC,
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  • 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to
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  • March 23, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC Form 471. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dominic Butler, Montville Township School District, dated April 14, 2000 (Funding Commitment Decision Letter). Letter from Dominic J. Butler, Montville Township Public Schools, filed
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  • Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries Division, Universal
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  • from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. 47 C.F.R. � 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 418 F.2d at 1159
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  • light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W. Jensen Library, dated December 19, 2000. Waiver Request.
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. SLD website, SLD President Announces First Funding Wave for Year 3, http://www.sl.universalservice.org/ whatsnew/042000.asp. 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.txt
  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01195.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01195.txt
  • including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A - FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart F - Universal Service Support for Schools and Libraries Section 54.507 is amended by revising paragraph (d) to read as follows: � 54.507 Cap. *** (d) Annual filing requirement. Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971957.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971957.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971957.wp
  • any such window should remain open and as to whether there should be a "rolling" or ongoing series of windows, e.g., a series of two-week windows during which all beneficiaries filing within that two-week period would be given equal priority. 2) Whether to clarify that the rules of priority for distributing funds to schools and libraries set forth in section 54.507 of the Commission's rules, 47 C.F.R. 54.507, apply to the $1 billion available between January 1, 1998 through June 30, 1998. That is, if expenditures between January 1, 1998 and June 30, 1998 reach the level where only $250 million remains before the $1 billion cap is reached, the remaining funds will be distributed in accordance with the rules of
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp
  • to the initial window filing periods by October 31, 1997 and, to facilitate notification to the public, directed the Common Carrier Bureau to issue a public notice announcing the Corporations' decisions. 2. As of October 31, 1997 both the Schools and Libraries Corporation and the Health Care Corporation have adopted a filing window of 75 days. Therefore, consistent with sections 54.507(c) and 54.623(c) of the Commission's rules, all requests for support filed pursuant to a signed contract and received by the Schools and Libraries Corporation within 75 days of the day the Schools and Libraries Corporation begins to receive requests will be treated as if they were simultaneously received. Likewise, all such requests from health care providers received within 75 days
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da992780.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da992780.txt
  • 4. Federal Universal Service Programs Revisions to Contribution Base and Program Demand for the First Quarter of 2000 at 4. Federal Universal Service Programs Fund Size Projections & Contribution Base For the First Quarter 2000 at 20; Federal Universal Service Programs Revisions to Contribution Base and Program Demand for the First Quarter of 2000 at 4. See 47 C.F.R. � 54.507; Proposed First Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, FCC 98-318 (rel. Dec. 4, 1998) (Proposed First Quarter 1999 Universal Service Contribution Factors). Proposed First Quarter 1999 Universal Service Contribution Factors, FCC 98-318 at 3. Proposed First Quarter 1999 Universal Service Contribution Factors, FCC 98-318 at 4. Federal Universal Service Programs Fund
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000517.doc
  • schools and libraries support funds, or $57.250 million, against demand for that quarter. See Proposed First Quarter 2000 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 99-2780 (rel. Dec. 10, 1999). This yields a difference of approximately $201.75 million in estimated remaining unused funds. See USAC Filing for Second Quarter 2000 at 27. See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001272.doc
  • Adjusting for these offsets, USAC estimates that there will be $340.31 million in unused Year 1 funds. See USAC Filing for Third Quarter 2000 at 29-30. See Federal Universal Service Programs Fund Size Projections & Contribution Base For the Second Quarter 2000 at 27 (filed by USAC Feb. 1, 2000) (USAC Filing for Second Quarter 2000). See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002065.doc
  • and libraries balance to offset projected expenses in the third quarter of 2000). Adjusting for these offsets, USAC estimates that the schools and libraries program will have a total balance of $169.534 million in unused Year 1 funds. See USAC Filing for Fourth Quarter 2000 at 29-30. See USAC Filing for Second Quarter 2000 at 27. See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.txt
  • set aside to: (a) fund the Commission's waiver of the September 30, 1999, Year 1 implementation deadline for certain classes of schools and libraries applicants; and, (b) provide contingency funding for Year 1 appeals pending before the Commission. See USAC Filing for First Quarter 2001 at 28. See USAC Filing for First Quarter 2001 at 22. See 47 C.F.R. � 54.507. See also Proposed Fourth Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, DA 00-2065 at 2-3 (rel. Sept. 8, 2000). See USAC Filing for First Quarter 2001 at 29-30. The revenues on which contributions are assessed in the first quarter of 2001 are the revenues reported on the September 2000 Worksheet for the
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-4.pdf
  • the number of applicants and recipients, and the number of appeals regarding decisions and procedures. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-4.pdf
  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs00-0.pdf
  • sets of revenues. In light of the court decision, all of the Universal Service Mechanisms are now based on interstate end-user revenue. Interstate end-user revenue includes most international service end- user revenue. Excluded are revenues from calls that both originate and terminate in foreign points, through reducing future fund factors to account for the unused revenue. See 47 CFR � 54.507. 4 Proposed Fourth Quarter 2000 Universal Service Contribution Factor. CC Docket No. 96-45, DA 00-2065. 5 Thus, the Schools and Libraries contribution factor was multiplied by intrastate, interstate and international end-user revenue. 1 - 5 and international revenue from carriers whose interstate end-user revenue represents 8% or less of their combined interstate and international end-user revenue. Because all Universal Service
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • 30, 2000. Similarly, the third funding period ran from July 1, 2000 through June 30, 2001, with subsequent funding periods running from July 1 to June 30 of the following calendar year. 1 Schools and libraries may not receive discounts for items such as asbestos removal, teacher training, telephone handsets, personal computers, fax machines, or modems. 2 47 C.F.R. � 54.507 (a). 3 The posted FCC Forms 470 can be viewed at . In limited situations, applicants with contracts that predate July 10, 1997 are not required to post an FCC Form 470. 4 Ninth Order on Reconsideration, 14 FCC Rcd 377 (1998), paras. 1 and 6. 4 - 2 In the first funding period, requests exceeded available funding, so the
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • the applicant. The Commission has established rules governing funding commitments in situations where the amount of requests exceeds available funding. The rules are designed to ensure that schools and libraries receive discounts for telecommunications services and Internet access services before internal connections, and that the neediest schools and libraries then receive funding priority for internal connections. 1 47 C.F.R. � 54.507(a). 2 The posted FCC Forms 470 can be viewed at . In limited situations, applicants with contracts that predate July 10, 1997 are not required to post an FCC Form 470. 4 - 2 Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613.html
  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commissions Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613a.html
  • items scheduled for consideration at the June 13, 2002, Open Meeting and previously listed in [4]the Commissions Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE : Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY : The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- The summaries listed in this notice are intended for the use of the public attending open Commission meetings. Information not summarized may also be considered at such meetings. Consequently these summaries should not be interpreted to limit the Commission's authority to consider any relevant information. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.doc
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000811.html
  • BUREAU GRNATS CONSENT TO ASSIGN F BLOCK BROADBAND PCS LICENSES.Contact Rita Cookmeyer or Yolanda Lee 202-418-0660. (DA No. 00-1845). Internet URL: [14]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001845.do c ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- EDUMASTER.NET, DBA MASTERMIND LEARNING CENTER, OR MASTERMIND INTERNET SERVICES. Waived the Year 3 filing window deadline established by the Schools and Libraries Division of the Universal Service Administrative Company pursuant to section 54.507(c) of the Commission's rules is the affected applicants listened in Appendix A of this Order, and the Schools and Libraries Division shall take the steps outlined above to effectuate this Order. Dkt No.: CC-96-45. Action by the Commission. Adopted: July 21, 2000. by Order. (FCC No. 00-260). CCB Internet URL: [15]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.doc CHILDREN'S HOME OF BURLINGTON COUNTY NEWTOWN, PENNSYLVANIA. Dismissed the
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090721.html
  • Reply Comments Due: 09/04/2009. WCB . Contact: Romanda Williams at (202) 418-7400, TTY: (202) 418-0484 [29]DA-09-1558A1.doc [30]DA-09-1558A1.pdf [31]DA-09-1558A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- LETTER FROM COMMISSIONER MCDOWELL TO CHAIRMAN GENACHOWSKI REGARDING FCC REFORM by LETTER. CMMR [32]DOC-292122A1.pdf [33]DOC-292122A1.txt LETTER FROM CHAIRMAN GENACHOWSKI RESPONDING TO COMMISSIONER MCDOWELL'S LETTER ON FCC REFORM by LETTER. OCH [34]DOC-292121A1.pdf [35]DOC-292121A1.txt REQUEST FOR WAIVER OF SECTION 54.507 OF THE COMMISSION'S RULES AND REVIEW OF A DECISION OF THE UNIVERSAL SERVICE ADMINISTRATOR BY MINFORD LOCAL SCHOOLS, MINFORD, OH. Granted the request for waiver of Minford Local Schools of the FCC Form 471 application filing window deadline for funding year 2008 under the schools and libraries universal service support mechanism, also known as the E-rate program. (Dkt No. 02-6
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100521.html
  • the Commission. Adopted: 05/20/2010 by ORDER. (FCC No. 10-84). WCB [184]FCC-10-84A1.doc [185]FCC-10-84A1.pdf [186]FCC-10-84A1.txt SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM NATIONAL BROADBAND PLAN FOR OUR FUTURE. New broadband-enabled learning opportunities envisioned in proposed E-Rate updates. (Dkt No. 02-6 09-51 ). Action by: the Commission. Adopted: 05/20/2010 by NPRM. (FCC No. 10-83). WCB [187]FCC-10-83A1.doc [188]FCC-10-83A1.pdf [189]FCC-10-83A1.txt REQUEST FOR WAIVER OF SECTION 54.507(D) OF THE COMMISSION'S RULES HARVEST PREPARATORY SCHOOL YUMA, ARIZONA SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM. Granted the request for waiver. (Dkt No. 02-6 ). Action by: Chief, Wireline Competition Bureau. Adopted: 05/20/2010 by ORDER. (DA No. 10-886). WCB [190]DA-10-886A1.doc [191]DA-10-886A1.pdf [192]DA-10-886A1.txt REQUEST FOR REVIEW OF A DECISION OF THE UNIVERSAL SERVICE ADMINISTRATOR BY EXPANETS OF NORTH AMERICA ENGLEWOOD, COLORADO
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd110511.html
  • 418-2622, email: Kenneth.Lewis@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165 [58]DA-11-854A1.doc [59]DA-11-854A1.pdf [60]DA-11-854A1.txt ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- PREPARED REMARKS OF CHAIRMAN JULIUS GENACHOWSKI, FEDERAL COMMUNICATIONS COMMISSION, PERSONAL LOCALIZED ALERTING NETWORK LAUNCH EVENT, NEW YORK, NY. OCHJG [61]DOC-306425A1.doc [62]DOC-306425A1.pdf [63]DOC-306425A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- SACRED HEART SCHOOL, SHAWANO, WISCONSIN, SCHOOL AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM. Waived sections 54.507(c) and 54.720(c) of the Commission's rules. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 05/10/2011 by ORDER. (DA No. 11-820). WCB [64]DA-11-820A1.doc [65]DA-11-820A1.pdf [66]DA-11-820A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306444A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306444A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306445A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306445A1.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306414A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306414A2.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306413A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306413A2.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306416A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306416A1.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306422A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306422A1.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306423A1.pdf 14.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120216.html
  • PROTECTION ACT OF 1991. FCC Adopts Rules To Strengthen Consumer Protections Against Unwanted Telemarketing "Robocalls" To Wireline And Wireless Phones. (Dkt No. 02-278 ). Action by: the Commission. Adopted: 02/15/2012 by R&O. (FCC No. 12-21). CGB [75]FCC-12-21A1.doc [76]FCC-12-21A2.doc [77]FCC-12-21A3.doc [78]FCC-12-21A4.doc [79]FCC-12-21A1.pdf [80]FCC-12-21A2.pdf [81]FCC-12-21A3.pdf [82]FCC-12-21A4.pdf [83]FCC-12-21A1.txt [84]FCC-12-21A2.txt [85]FCC-12-21A3.txt [86]FCC-12-21A4.txt LONEMAN DAY SCHOOL, OGALA, SOUTH DAKOTA. Granted Loneman's request and waived Section 54.507(d) of the Commission's rules. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division,Wireline Competition Bureau. Adopted: 02/15/2012 by ORDER. (DA No. 12-85). WCB [87]DA-12-85A1.doc [88]DA-12-85A1.pdf [89]DA-12-85A1.txt MARANA UNIFIED SCHOOL DISTRICT, MARANA, ARIZONA. Denied the requests for review. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 02/15/2012 by ORDER. (DA
• http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.pdf http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.txt
  • communities. Now is not the time to shortchange our children's future. I hope that, in the Order, my colleagues will vote with me to affirm full funding for this program. We need to make sure that the end result of this proceeding is to improve the program for our communities and our schools. They deserve no less. _____________________ ^147 C.F.R. 54.507(a). ^2Congressional Budget Office, Federal Subsidies of Advanced Telecommunications for Schools, Libraries, and Health Care Providers, January 1998. References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html#fn1 4. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html#fn2
• 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
  • 96-45, at par. 37. 6. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 7. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 8. Eighth Order on Reconsideration in CC Docket No. 96-45, at par. 64. 9. 47 CFR 54.507(g)(1)(ii). 10. 47 CFR 54.507(g)(1)(iii). 11. National Overview: Wave VII. 12. Fourth Report and Order, CC Docket No. 96-45, at par. 35. References 1. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt 2. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp 3. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf 4. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_1_ 5. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_2_ 6. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_3_ 7. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_4_ 8. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_5_ 9. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_6_ 10. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_7_ 11. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_8_ 12. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_9_ 13. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_10_ 14. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_11_ 15. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_12_
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2005archive.html
  • Eligible Services List.[22]Word | [23]Acrobat * Order.: In this order, Grants a request for waiver by Removable Media Solutions, Inc. (RMSI), a service provider filing on behalf of Shiprock Alternative High School (Shiprock), Flagstaff, Arizona. An invoice submitted by RMSI was denied funding by USAC because the installation of non-recurring services took place after the implementation deadline established under Section 54.507(d) of the Commissions rules. Because the implementation delay was due to factors outside of RMSIs control, we find that the public interest is served by waiving the Commissions rules and extending the implementation deadline for RMSI, consistent with the Commissions rules which permit extensions in such circumstances under Section 54.507(d)(3). Also, we note for your information that a representative from
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commissions rules states, in pertinent part, that "all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap." Released on June 11, 2007. CC Docket No. 02-6. (DA 07-2470)
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commissions rules states, in pertinent part, that "all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap." 6/11/07. [223]Word | [224]Acrobat| [225]Text 6/4/07 Order: On May 21, 2007,
• http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
  • Houston ISD sought a request for an extension of the September 30, 2004 deadline for installation of non-recurring services. The Schools and Libraries Division (SLD) denied its request, noting that that Houston ISD's request for an extension did not satisfy the requirement that the delay be due to "reasons beyond the service provider's control" as provided in 47 C.F.R. Section 54.507(d). We conclude, however, that section 54.507(d)(4) of the Commission's rules entitles Houston to an extension of the implementation deadline because funding disbursements were delayed while USAC investigated their application for program compliance. We therefore grant Houston's Request for Review, and extend the implementation deadline by two years, to September 30, 2006. DA 05-2833 DA 05-2833 [163]Word | [164]Acrobat 7/27/05 West
• http://www.fcc.gov/wcb/tapd/universal_service/schoolsandlibs.html
  • Instructions: [384]Word | [385]Acrobat 7/1/10 Integrity Communications,Ltd., Corpus Christi, TX: Denied Integrity's petition for reconsideration of a Bureau order (DA 09-1946, rel. Aug. 28, 2009) that upheld USAC's audit finding that Integrity violated E-rate rules. DA 10-1244 Order: [386]Word | [387]Acrobat 7/1/10 Carryover of Unused Schools and Libraries Universal Service Funds for Funding Yr 2010: Announced that, pursuant to section 54.507(a)(2) of the Commissions rules, $900 million in unused funds will be carried forward from Funding Years 2002 and 2005 through 2008 to increase the disbursements to schools and libraries in Funding Year 2010. DA 10-1243 Public Notice: [388]Word | [389]Acrobat 6/9/10 Comment Deadlines for the E-rate Broadband NPRM, the E-Rate ESL NPRM, and the Draft FY 2011 ESL: Comments are
• http://www.fcc.gov/wcb/tapd/universal_service/welcome.html
  • filed by Data Research Corporation (DRC) requesting that the Commission direct USAC to process certain funding requests under the E-rate program for funding year 2001 and grants DRCs request to withdraw its petition for reconsideration of a Commission order. Order: [985]Word | [986]PDF 7/1/2010 Carryover of Unused Schools and Libraries Universal Service Funds Public Notice: Announced that, pursuant to section 54.507(a)(2) of the Commissions rules, $900 million in unused funds will be carried forward from Funding Years 2002 and 2005 through 2008 to increase the disbursements to schools and libraries in Funding Year 2010. Public Notice: [987]Word | [988]PDF 7/1/2010 Integrity Communications, Ltd Order: Denied Integrity's petition for reconsideration of a Bureau order (DA 09-1946, rel. Aug. 28, 2009) that upheld
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2444A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2444A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2444A1.txt
  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests for each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2764A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2764A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2764A1.txt
  • set aside to: (a) fund the Commission's waiver of the September 30, 1999, Year 1 implementation deadline for certain classes of schools and libraries applicants; and, (b) provide contingency funding for Year 1 appeals pending before the Commission. See USAC Filing for First Quarter 2001 at 28. See USAC Filing for First Quarter 2001 at 22. See 47 C.F.R. � 54.507. See also Proposed Fourth Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, DA 00-2065 at 2-3 (rel. Sept. 8, 2000). See USAC Filing for First Quarter 2001 at 29-30. The revenues on which contributions are assessed in the first quarter of 2001 are the revenues reported on the September 2000 Worksheet for the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2841A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2841A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2841A1.txt
  • rules and procedures. By entering into an agreement prior to the allowable contract date established by SLD, Sackets Harbor failed to comply with the Commission's competitive bidding requirement. We conclude, moreover, that Sackets Harbor has not presented adequate grounds for grant of a waiver of the 28-day posting requirement. We granted waivers of the 28-day posting requirement and/or the section 54.507(g) filing window deadline in two cases where posting delays caused the waiting period to extend past the filing window deadline, and the applicants, upon discovering the delays, contacted SLD to determine how to proceed. In contrast, SLD's posting delay in this case did not cause Sackets Harbor's waiting period to extend past the filing window deadline of April 6, 1999.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2900A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2900A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2900A1.txt
  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d), (e). In the Tenth Reconsideration Order, the Commission extended the Year 1 deadline for schools and libraries to use their discounts on non-recurring services from June 30, 1999 to September 30, 1999. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983 (1999) (Tenth Reconsideration Order). The initial Year 2 deadline was
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1090A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1090A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1090A1.txt
  • Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1119A1.txt
  • prepared and thereafter attempted to file the forms. We have reviewed the record before us and conclude that Homer has not demonstrated a reasonable basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. By filing late, Homer ran the risk of not receiving any funding. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. While the school may employ consultants to assist it, the school ultimately bears the responsibility of completing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1120A1.txt
  • reviewed the record before us and conclude that ICS has not demonstrated a sufficient basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. ICS is subject to the funding priorities set forth in section 54.507(c) of the Commission's rules which states that funds will be available on a first-come-first-served basis. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. The applicant bears the burden of getting its forms and other information to SLD for processing within the established deadline if the applicant wishes to be considered with
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window for
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
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  • April 25, 1997. These dates are established by copies of the three service agreements between Bell Atlantic and Altoona included in the record. Under the Commission's rules, funds available for discounted services are provided on a first-come-first-served basis, but applications filed within an initial filing period (the filing window) are treated as if they were received simultaneously. 47 C.F.R. � 54.507(c). In Funding Year 1, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window (which closed on April 15, 1998) received funding. See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Connect2 Internet Networks, Inc., filed January 19, 2000. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Grannum, Epiphany Lutheran School, dated September
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Marshall requests a
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  • Division, Universal Services Administrative Company, to Karen Aeppli, Santa Anna Unified School District, dated March 2, 2001 (Administrator's Decision on Appeal), at 1. Request for Review at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). 01-1514 01-1514 4 5 ' `` �
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. By letter dated
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking).. FCC Form 471, Southeastern Ohio Voluntary Education Cooperative, filed January 18 (SEOVEC Funding Year
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Egg Harbor City Public Schools, Egg Harbor City, New Jersey, issued January 29, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order) See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • (January 1-December 31), and therefore it could have requested funding for the entire year. See Universal Service Order, 12 FCC Rcd at 9057, para. 535. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Federal Communications Commission DA 01-1825 � � *  ``
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  • See Letter of Appeal of Fort Wayne Community School District to Federal Communications Commission, filed July 1, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
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  • Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries
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  • Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). Letter from Schools
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  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See Waiver Request. See id; Letter from Deborah Brush,
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
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  • Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c); 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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  • C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 3, applicants that filed their FCC Form 471s electronically were required to submit the signed Block 6 certifications separately, no later than January 31, 2000. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie Marker, dated February 2, 2001. See FCC Forms
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  • 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364,
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  • 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour past the 11:59 p.m. close of the filing
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  • 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA 01-2063 Federal Communications Commission DA 01-2063 E F
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  • Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, Report and Order in CC Docket No. 00-256, 16 FCC Rcd. 11244 (rel. May 23, 2001) (detailing reforms to the high-cost support mechanism for rural telephone companies). USAC Filing for Fourth Quarter 2001 Projections at 23. Id. See 47 C.F.R. � 54.507. See e.g. Proposed First Quarter 2001 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 00-2764 (rel. Dec. 8, 2000). See USAC Filing for Fourth Quarter 2001 Contribution Base at 4. The revenue base on which contributions are assessed in the fourth quarter of 2001 is derived from the revenues reported on the Second Quarter 2001 Telecommunications Reporting
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  • request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. � 1.3. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } � =�6�
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of certifications to January 31, 2000. Id. Waiver Request; Letter from Cheryl Bjoin, Watonwan County Library, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13,
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  • 255, to Schools and Libraries Division, dated March 9, 2000. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Id.; see also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). Id at 7. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule 47 C.F.R. � 54.507(g). It is to applicant's advantage, therefore, to ensure that the Administrator receives
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  • 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries Division, Universal Service Administrative Company, to David Jobe,
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  • from the Commission. 47 C.F.R. � 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). .
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  • Application Three satisfied the Commission's competitive bidding requirement, it was not eligible for in-window funding priority. NYMA filed Application Three on February 28, 2000. In Funding Year 3, the filing window for applications closed on January 19, 2000. Since Application Three was filed after this filing window deadline, the application was subject to separate funding priorities under Commission rules. Section 54.507(c) of the Commission's rules states that fund discounts will be available for out-of-window applications on a first-come-first-served basis. In Funding Year 3, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window received funding. Accordingly, we conclude that it was appropriate for SLD to determine that the funding requests in Application
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >. FCC Form 470, Bear Lake County Public Library, Montpelier, Idaho, filed December 28, 1999. FCC Form 471, Bear Lake County Public Library, Montpelier, Idaho, filed January 28, 2000. Waiver Request. Waiver Request. >. Id. FCC Form 471, Bear Lake County Library District, Montpelier, Idaho, filed January 28, 2000. Northeast Cellular Telephone Co. v. FCC,
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  • 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to
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  • March 23, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC Form 471. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dominic Butler, Montville Township School District, dated April 14, 2000 (Funding Commitment Decision Letter). Letter from Dominic J. Butler, Montville Township Public Schools, filed
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  • Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries Division, Universal
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  • A. Brott, Powell County High School, to Federal Communications Commission, filed July 3, 2000 (Request for Review); see also Letter from Joseph A. Brott, Powell County High School, to Schools and Libraries Division, Universal Service Administrative Company, filed January 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Powell County High School, filed January 19, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal supra note 1, at 1.
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  • from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. 47 C.F.R. � 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 418 F.2d at 1159
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  • light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W. Jensen Library, dated December 19, 2000. Waiver Request.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Id. 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick Public Schools, to the Universal Service Administrative Company, filed March 9, 2001 (SLD Waiver Request). See FCC
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Year 4 Form
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2525A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2525A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2525A1.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Request for Review by Hamilton County School Board, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-173624, CC Dockets No. 96-45 and 97-21, Order, DA 01-876, paras. 3, 6 (Com. Car. Bur.
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order, 15
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  • 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order,
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  • Unit School District #176, to Federal Communications Commission, filed June 30, 2000 (Request for Review); see also Letter from Dennis Smith, Trico Community Unit School District #176, to Schools and Libraries Division, Universal Service Administrative Company, dated March 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Trico Community Unit School District #176, filed January 18, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal,
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2577A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2577A1.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of
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  • 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. � 1.3. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area School District, filed February 10, 1998. FCC Form 471, Trinity Area School District, filed April 20, 1998.
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  • on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. � 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45, Order, 15 FCC Rcd 13932 (2000) (Year 3
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  • COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. > (noting that for Funding Year 3, the filing window for FCC
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  • review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 5 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2798A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2798A1.txt
  • Peru Central stated, "Funding Year July 1, 1999- 30- Jun-00," indicating a request for Funding Year 2.15 4. In attempting to resolve this discrepancy, SLD tried unsuccessfully to contact Peru Central on December 28, 1999.16 On January 3,2000, SLD representatives contacted Peru Central 3 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 6 47 C.F.R. � 54.504(c). 7 47 C.F.R. � 54.507(c). 8 47 C.F.R. � 54.507(g). 9 Waiver Request; SLD web site, What's New (December 6, 1999) . 10 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 1' Waiver Request. 12 SLD's systems register the date and time that any applicant begins and completes the application process on-line. SLD's records reflect no on-line filing attempts by Peru Central in Funding Year
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  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
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  • for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission DA 01-2807 d e � � � v v =�6�
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Request for Review by Hamilton County School Board, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-173624, CC Dockets No. 96-45 and 97-21, Order, DA 01-876, paras. 3, 6 (Com. Car. Bur.
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471, South Kingstown Public Library, Peace Dale, Rhode Island, filed March 8, 2000. Letter from Connie Lachowicz,
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  • COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed when received by SLD. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the
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  • Lee E. Kelm, Finley-Sharon Public School, to Federal Communications Commission, filed August 7, 2000 (Request for Review); see also Letter from Lee E. Kelm, Finley-Sharon Public School, to Schools and Libraries Division, Universal Service Administrative Company, dated June 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Finley-Sharon Public School, filed January 10, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). SLD Appeal, at 1. Id. Id.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n.13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jim Burgess, Kansas Independent
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  • 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). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover Public Schools, Smackover, Arkansas, filed February 17, 2000. Letter from Leland Watts, Smackover Public Schools, Smackover, Arkansas,
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  • Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). Id. 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96- 45, 13 FCC Rcd
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  • Pioneerland Library System, to Schools and Libraries Division, Universal Service Administrative Company, dated February 16, 1999. See Letter of the Schools and Libraries Division, Universal Administrative Company, to Beth Lunn, Pioneerland Library System, dated May 14, 1999 (Administrator's Decision on Appeal). Under the Commission's rules, the application period for each funding year begins with a filing window. 47 C.F.R. � 54.507(c). All applications filed during this window are deemed simultaneously filed for funding priority purposes. 47 C.F.R. � 54.507(c). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of internal connections and
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  • Directors of the National Exchange Carrier Association, Inc, File No. SLD-113262, CC Dockets No. 96-45 and 97-21, DA 00-1517, Order, para. 7 (Com. Car. Bur. rel. July 10, 2000). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �� 54.504 et seq. Federal Communications Commission DA 01-506 Federal Communications Commission DA 01-xxx F F � � � �
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  • Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). See SLD Letter of Appeal at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. In re Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4707-08, para. 22 (1991) (citing Office of Personnel Management v. Richmond, 497 U.S. 1046 (1990)). A person relying on informal advice given by staff does so at his
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  • Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01- 525 Federal Communications Commission DA 01-525 � � �� �@��� @& �0� �0� �0� �0� �0� �0� ��� � �
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  • remote access, such access must only be from sites for which services would be eligible for discount under the program. See November 9, 1999, Request for Review at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-585 -585 \ ] � 9 � � �
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  • reviews the FCC Form 471 and is responsible for determining whether the discounts sought by applicants are eligible for funding. Request for Review at 2-4. The supporting documentation indicates that the cost of the 5-year warranty for the main library (Copley Square) that is the subject of this funding request is $10,696. See BPL Summary Cost Response. 47 C.F.R. � 54.507(e). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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  • Cook, Schools and Libraries Division, Universal Service Administrative Company, dated August 9, 1999, at 2-4 (listing proposed services from Bellsouth, including ineligible voicemail and phonesets). See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01-652 Federal Communications Commission DA 01-XXX � � � � �@��� � @& �0� �0� �0� �0� �0� �0� ��� �
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  • Appeal at 1. Request for Review at 2. Id. at 5. Id. at 6-7. Request for Review, attachments. , dated March 27, 1998. See Request for Review at 7. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-653 s t � � � � �
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  • Rcd 3416 (Common Carrier Bur. 1999). We note that, in certain situations, we would consider a date-stamped postal return receipt to be persuasive evidence that a communication had in fact been received by SLD. The Commission has established rules of priority for the distribution of support when total demand exceeds total support available for the funding year. See 47 C.F.R. 54.507(g). (continued....) Federal Communications Commission DA 01-65 Federal Communications Commission DA 01-65 [ \ � @& �0� �0� �0� �0� �0� �0� ��� ] `
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  • Carrier Bureau Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96045, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998)(Fifth Reconsideration Order); 47 C.F.R. � 54.507(d), (e). Schools and libraries are required to use their discounts for non-recurring services by June 30, but the Year 2 deadline was extended from June 30, 2000 to September 30, 2000. See Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 1, and 14920, para. 8; Federal-State Joint Board on Universal Service, Order, CC Docket No. 96-45, 15 FCC Rcd
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  • Letter from Jean Reicks, St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See
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  • and Libraries Division, Universal Service Administrative Co., to John Ardoin, St. Landry Parish School Board, filed March 1, 2000, at 1 (Administrator's Decision on SPIN Change). Id. Request for Review at 2. FCC Forms 471 received during the filing window receive priority for support as compared to applicants that file their applications after the window has closed. 47 C.F.R. � 54.507(g). Request for Review at 2. FCC Form 471, St. Landry Parish School District, filed March 26, 1999, at 2. Request for Review at 2. Request for Review at 2. Copan Order, 15 FCC Rcd 5498, � 6. 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (Oct.
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  • 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 signing and submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In Funding Year 2, the filing window for priority funding closed on April 6, 1999. The Commission's rules also provide that applicants filing outside the established window will
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  • action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • at 1. Request for Review. We note that SLD has no record of receipt of the revised list Delano states that it sent to SLD. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Common Carrier Bur. rel. July 10, 2000); Request for Review of the Decision of the
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  • filed May 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) (Window Notice). In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935-13936, paras. 8, 9. Id. Year 3
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  • from Kenneth Sutton, Capitol Region Library Council, to Federal Communications Commission, dated July 13, 2001 (Request for Review); see also Letter from Kenneth Sutton, Capitol Region Library Council, to Schools and Libraries Division, Universal Service Administrative Company, dated April 13, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Capitol Region Library Council, filed January 16, 2001. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Capitol Region Library Council, dated March 23, 2001 (Minimum Processing Standards Letter). SLD Appeal, at
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  • filed September 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Charles Gibson Public Library, filed January 18, 2001 (Gibson Library Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Denise Weese, Charles Gibson Public Library, dated August 21, 2001 (Rejection Letter). Id. Rejection Letter. Request for Review. Minimum Processing Standards. See Gibson
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  • filed June 15, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935-13936, paras. 8, 9. Id. Year 3 Server
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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. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate 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
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants are held harmless in the event of a failure of the postal system or courier to deliver
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  • Letter from Schools and Libraries Division, Universal Service Administrative Company, to Winston E. Himsworth, E-Rate Central, dated June 22, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See,
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  • rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >.
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  • key phones as ineligible charges in its FCC Form 471. Id. Id., Administrator's Decision on Appeal at 2. See Request for Review. Id. 47 C.F.R. � 54.504 et seq. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-133664, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 25610 (Com. Car. Bur. 2000). 02-1124 02-1125 U V � � 2 8 U 8 � �
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  • Webb, Cooperative Educational Service Agency #2, to Federal Communications Commission, dated July 24, 2001 (Request for Review); see also Letter from Sharon Webb, Cooperative Educational Service Agency #2, to Schools and Libraries Division, Universal Service Administrative Company, dated April 19, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Cooperative Educational Service Agency #2, filed January 18, 2001. Id. Id. Id.; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). Id. Letter from Schools and Libraries Division, to Cooperative Educational Service Agency #2, dated March 22, 2001 (Minimum Processing Standards Letter).
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  • filed January 2, 2002 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Macon County R-I School District, filed February 20, 2001 (electronic filing date and postmark on envelope containing certification page). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Harold Brown, Macon
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  • provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • filed August 16, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000) . Waiver Request. See FCC Form 470, Queen of Peace Elementary School, posted November 29, 2000; Waiver Request. FCC Form 471, Queen of Peace Elementary School, filed March 15, 2001 (envelope containing Block 6 certification page and Item 21 attachment with postmark of March 15, 2001). Waiver
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.502-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park School, dated October 31, 2001 (Administrator's Decision on Waiver Request). Waiver Request at 1, 3 (attaching
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  • provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. �� 54.504(b), 54.511 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 4, SLD processed applications as ``in-window,'' if they were postmarked by January 18, 2001. See SLD web site, Form 471 Minimum Processing Standards and Filing Requirements for Funding Year 4, (Funding Year 4 Minimum Processing Standards). Waiver Request. FCC Form 470, Central City Public Library, posted December 14, 2000. FCC Form 471,
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  • SLD's determination, we address the merits of Jaffrey-Rindge's appeal. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. FCC Form 471, Jaffrey-Rindge Cooperative School District, filed January 2001 (Jaffrey-Rindge Form 471). Postcard from Schools and Libraries Division, Universal Service Administrative Company, to Paul LaFreniere, Jaffrey-Rindge Cooperative School District, dated July
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  • August 29, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). Request for Review. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(b)(4). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. FCC Form 471, Karnes City Independent School District, filed January 18, 2001 (electronic portion submitted into SLD's filing system) (Karnes Form 471). Request for Review. Id. Letter from Chelleye Block, Karnes City Independent School District, to Schools
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  • filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. �� 54.504(b), 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET (December 6, 1999), (this announcement did not state to which
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  • Hartford Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-007628, CC Docket Nos. 96-45 and 97-21, Order, DA 01-2535. (Com. Car. Bur. rel. November 2, 2001) (New Hartford). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, Form 471 Filing Window for Year 4 (Sept. 18, 2000), . FCC Form 471, Mora Public Schools, filed December 14, 2000 (first envelope with postmark date of December 14, 2000). Waiver Request. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Keith E. Lester, Mora Public Schools, dated January 19, 2001 (Form 471 Certification Rejection
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  • filed August 17, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New (November 2, 2000) . See id. See id. See FCC Form 471, Lane Education Service District, Eugene, Oregon, initiated January 12, 2001 (Lane Form 471). As recently as January of 2002, SLD's records show that Lane still had not completed or electronically submitted that online form. Id. See Waiver Request. Id. Id. Id. Id.; see also
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  • 18, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms, (October 29, 1999) . In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13835, paras. 8-9. Id. Year 3 Server Failure
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). See Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form submitted on January 30, 2001). Id. (postmark of envelope containing certification). SLD Appeal Letter. See 47
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  • we treat Schechter's pleading as a Request for Review. See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Request for Review. Id. Schechter says the actual wording on the notice was that those items ``were received'' outside the filing window. As noted above, the standard for Funding Year 4 was that the material be postmarked, not received,
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding
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  • provided by the applicant in its FCC Form 471, the Administrator determines the amount of discounts for which the applicant is eligible. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. In Funding Year 4 the filing window closed on January 18, 2001. Consistent with the Commission's rule requiring applicants to submit a ``completed FCC Form 471
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  • 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8 (Com. Car. Bur. rel. May 23, 2001). >. >. Id. Id. >. >. >. Id. Request for
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  • of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Dockets No. 96-45 and 97-21, Order, FCC 00-350 (rel. October 26, 2000) (Commitment Adjustment Order) (adopting adjustment procedures), recon. pending. See Commitment Adjustment Waiver Order at para. 13 (granting limited waivers of sections 54.504(a), 54.504(b)(4), and 54.504(c), relating to the Commission's competitive bidding rules and section 54.507(g)(1)(iii), relating to the Commission's funding priority rules). Id., para. 7. (continued....) Federal Communications Commission DA 02-1403 Federal Communications Commission DA 02-1403 7 8 ' `` �@��� @& = y y
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  • seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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
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  • provided by the applicant in its FCC Form 471, the Administrator determines the amount of discounts for which the applicant is eligible. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. In Funding Year 2 the filing window closed on April 6, 1999. However, SLD announced that it would consider FCC Forms 471 applications for Funding Year
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1458A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1458A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1458A1.txt
  • Indpedenpent School District, dated July 13, 2001. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). Waiver Request. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . Waiver Request. FCC Form 470, Duncanville Independent School District, posted January 22, 2001. FCC Form 471, Duncanville Independent School District, filed March 5, 2001 (envelope containing certification and attachments with postmark date of March 5, 2001). Id. Id. See 47
• 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
  • Comp. Bur. rel. May 13, 2002). Id. Request for Review by South Barber Unified School District 255, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 18435, para. 8 (Com. Car. Bur. 2001); 47 C.F.R. �� 54.504(c), 54.507(c). The Common Carrier Bureau was recently reorganized and renamed the Wireline Competition Bureau. See, e.g., Request for Review by Merced Union High School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File Nos. SLD-8404 and 9605, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 18803, para.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1464A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1464A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1464A1.txt
  • Competition Bureau (Bureau) grants the request of the Buffalo City School District, West Seneca, New York (Buffalo City), for a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 4 of the program. Specifically, we find that Buffalo City is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Buffalo City a one-year extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Buffalo City
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-149A1.txt
  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Loris Lindskov, Bonesteel-Fairfax High School, dated May 8, 2000 (approving in part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1511A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1511A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1511A1.txt
  • See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 � (R)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1512A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1513A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1514A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1515A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1516A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1517A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1518A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1519A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1520A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1521A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1522A1.txt
  • the Administrator. In the FCC Form 471 instructions, SLD has clearly set forth its standards for processing a FCC Form 471 application. Specifically, the FCC Form 471 instructions state that if a school or library does not provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. The Commission's rules also allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applications that are received outside of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1673A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1673A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1673A1.txt
  • 4, is now called Funding Year 2001. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See also 47 C.F.R. � 54.504(c). Form 471 Instructions at 2. See 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Funding Year 2001 Minimum Processing Standards). Form 471 Instructions at 4-5. Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). Form 471 Instructions at 3-6. >
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  • 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). 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.
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  • the Universal Service Administrative Company to the Federal Communications Commission, filed December 12, 2001 (Request for Waiver). Id. at 2. In the Matter of Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c), (g). 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Year 3 Server Failure Order, 15 FCC Rcd 13932, para 1. Id. 15 FCC Rcd at 13934, para 5. Id. at 13935, para 9. Waiver Request at 1. Id. See FCC Form 471, Franklin Township Community School Corporation, filed January 20, 2000
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  • 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. � 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 Instructions). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET, (December 6, 1999) (Year 3 Window Notice). Waiver Request at 1-2. Waiver Request (attached screen printout of Block 2, dated December 20, 1999). In completing Block 2, online filers must choose from the following options: Tariffed services, month-to-month services with no written contract, services for which
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  • this Order, the Wireline Competition Bureau (Bureau) grants the request of the Chicago Public Schools, Chicago, Illinois, for a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2001 of the program. Specifically, we find that Chicago Public Schools is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Chicago Public Schools a one-year extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Chicago
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1980A1.txt
  • 471 ``CANNOT be earlier than any Allowable Contract Date you cited in Item (17) of any Block 5 submitted with this application.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Wexford-Missaukee's Funding Year
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  • 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, File No. SLD-268040, West Oso Independent School District, filed January 19, 2001 (postmark on envelope); FCC Form 471, File No. SLD-267787, West Oso Independent School District, filed January 19, 2001 (postmark on envelope). Waiver Request; see also
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  • and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). See Minimum Processing Standards. Id. FCC Form 471, Wynot Public Schools, NEC 471.01-16-01.05200455, filed January 16, 2001 (Wynot Form 471). Id. (Rejection Letter). Id. See Request for Review by Cooperative Educational Service Agency #2, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association,
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  • Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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  • the Wireline Competition Bureau announces the proposed universal service contribution factor for the fourth quarter of 2002. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with section 54.709(b) for no more than three quarters, beginning with the third quarter 2002. As discussed in greater detail below, the third quarter 2002 contribution factor of 0.072805 will therefore
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2253A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2253A1.txt
  • See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice used for closing the SLD website for a certain period of time. Id. Under program rules, applicants
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  • a division 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). 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.
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  • 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). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • (b)(1), (b)(3). 47 C.F.R. � 54.504(b). See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' (November 2, 2000) . See, e.g., SLD web site, What's New, ``FCC Form 471 Window Opens for Year [2001] Applicants; New Filing Requirements Firmly Established,'' /471mps.asp>. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 470, Weathersfield Local Schools, filed November 8, 2000 (Form 470 No. 5246). Letter from Schools and Libraries Division, Universal Service Administrative Co., to Greg Shepley, Weathersfield Local Schools, dated November 13, 2000 (Form 470 No. 5246 Receipt Acknowledgment Letter). FCC Form 471 No. SLD-226107, Weathersfield Local Schools, filed January 2, 2001; FCC Form 471
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  • Competition Bureau (Bureau) announced its proposed universal service contribution factor for the fourth quarter of 2002. Pursuant to section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with section 54.709(b) for no more than three quarters, beginning with the third quarter 2002. Accordingly, the Bureau's Public Notice announced that the third quarter 2002 contribution factor of 0.072805 shall
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  • July 1, 2001 and ends on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which begins on July 1, 2000 and ends on June 30, 2001, is now called Funding Year 2000. 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2002 and ends on June 30, 2003, previously known as Funding Year 5, is now called Funding Year 2002. The funding period that begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, Hancock County Public Library, filed January 18, 2002. Note the FCC Form 471 was filed online January 18, 2002 and the Block 6 Certifications and Signature pages were postmarked January 24, 2002. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Anita
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  • existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. � 54.511(b). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 Instructions). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET, (December 6, 1999) (Year 3 Window Notice). FCC Form 471, Lincoln County Board of Education, filed January 26, 2000. Request for Review and Waiver. Request for Review and Waiver at 2. Id. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164,
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  • on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934, para. 31 (1998) (Fifth Reconsideration Order). These rules provide that requests for telecommunications and Internet access service for all discount categories shall receive first priority for available funds (Priority One services), and requests for internal connections shall receive second priority (Priority Two services). See 47 C.F.R. � 54.507(g)(1)(i). Thus, when total demand exceeds the total support available, SLD is directed to give first priority for available funding to telecommunications service and Internet access. 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). Any funding remaining is allocated to requests for support for internal connections,
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  • to March 1, 2002; and Lynwood makes no assertion of changes by its provider. The third criterion refers to delays due to ``reasons beyond the service provider's control,'' but here the Commission intended events such as manufacturing delays and natural disasters, not the fact that the FCDL was issued within only twenty days of an automatic extension provided under section 54.507(d) of the Commission's rules. The fourth criterion applies to program compliance funding investigations, and does not apply here. Because Lynwood's situation does not fit within any of the four criteria under section 54.507(d) of the Commission's rules, we must address Lynwood's request as a request for a waiver under 47 C.F.R. � 1.3. Waiver is appropriate if special circumstances warrant
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  • and Libraries Division, Universal Service Administrative Company, to John Bulger, Columbia Heights School District, Columbia Heights, Minnesota, dated March 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (FCC Form 471). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2003, previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, is now called Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . FCC Form 470, Center City School, posted December 28, 2001. Waiver Request. FCC Form 471, Center City School, filed January 29, 2002 (electronic portion submitted January 29, 2002; envelope containing Block 6 Certifications and Signature pages and the Item 21 Attachment with postmark date of February
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Waiver by Dermott Special School District, et al, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-252777,
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  • 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 470, High Bridge Board of Education, posted September 17, 2001. FCC Form 471, High Bridge Board of Education, filed February 13, 2002 (the electronic portion was submitted on February 13, 2002; the envelope containing the Block 6 Certifications and Signature pages and Item 21Attachment was postmarked February 13, 2002).
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which began on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Kearney Public Schools, filed April 12, 2002 (the envelope containing the entire application was postmarked April 12, 2002) (Kearney 471). Waiver Request. Kearney 471. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). (...continued from
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  • on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >.
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  • previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). > (SLD Year 4 Change Notice). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, South
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  • previously described as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004, previously described as Funding Year 6, and is now called Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, Urgent Reminder of Filing Requirements for Year 5 (January 10, 2002) . Request for Review. FCC Form 470, Windham Public Library, posted February 13, 2002. FCC Form 471, Windham Public Library, filed March 16, 2002 (envelope containing the entire application with postmark date of March 16, 2002). In Windham's Request for Review, Windham states that it mailed the
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). 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.
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  • 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(c). >. FCC Form 471, Tripp County Library, filed February 8, 2002. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in
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  • Thus, we refer to Subiaco's pleading as a Waiver Request. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . Waiver Request. FCC Form 471, Subiaco Academy, filed January 24, 2000 (SLD received date label). In Funding Year 3, paper copies of the forms had to be received by the last day of the filing window to be considered filed within the window. Subiaco did not
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  • 30, 2002, previously described as Funding Year 4, is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD Year 4 Change Notice). SLD website, What's New Archives
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  • January 28, 2002 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 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); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14921. para. 9 (1998); 47 C.F.R. � 54.507(d), (e). In prior years, this funding period was referred to as Funding Year 2. Funding periods are now described by the year in which the funding period starts. Thus the funding period that began on July 1, 1999 and ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period which
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  • the third quarter of 2002 as well as uncollectible contributions of one percent, we project a contribution base of $17.229057 billion. The first quarter 2003 contribution factor for universal service support mechanisms would therefore be 0.087094 (total program collection requirement / quarterly contribution base), absent any adjustment to stabilize the contribution factor. Adjustment to Stabilize Contribution Factor Consistent with section 54.507 of the Commission's rules and the Schools First Report and Order in CC Docket No. 02-6, we direct USAC to apply sufficient unused funds from the schools and libraries support mechanism to maintain the first quarter 2003 contribution factor at 0.072805. In the Schools First Report and Order, the Commission concluded that unused funds from the schools and libraries support
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  • Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
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  • Schools and Libraries Division, Universal Service Administrative Company, to Doug Voss, Centerville School District, Centerville, South Dakota, dated March 19, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Sept. 1999) (Form 471). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). See,
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  • been ordered, the carriers with whom the applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The FCC Form 471 must bear an original signature of a person authorized to submit the form on behalf of the applicant. Applications filed during the filing window prescribed in section 54.507(c) of the Commission's rules are deemed simultaneously filed and are prioritized according to the rules set forth in section 54.507(g) of the Commission's rules. The filing window for the 2001-2002 funding year (FY 4) opened on November 6, 2000, and closed on January 18, 2001. Preston filed a FCC Form 471 requesting support for discounted services for Year 4 on
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  • with an original ink signature. A commitment of support is contingent upon the timely filing of the applicant's completed FCC Form 471. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, 16 FCC Rcd 9880, 9882, n.13 (2001). FCC Form 471, School District of Grand Island, filed January 19, 2000 (Grand Island FCC Form 471). Letter from Schools
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  • Id. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96045, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order); 47 C.F.R. � 54.507(d), (e). Funding years begin on July 1 and end on June 30; schools and libraries thus were required to use their discounts for non-recurring services by June 30 of each funding year. See Fifth Reconsideration Order, 13 FCC Rcd, at 14916, para. 1, and 14920, para. 8. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of
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  • Carrier Bureau Letter from Patricia McGee, Schaumburg Community Consolidated School District 54, to the Federal Communications Commission, filed April 20, 2000 (Request for Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Moshin Dada, Schaumburg Community School District 54, dated November 23, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Schaumburg Community Consolidated School District 54, FCC Form 471, Block 5, filed April 1, 1999. Unless specifically stated otherwise, all amounts discussed in this Order are pre-discount amounts. Funding Commitment Letter at 5 (Funding Request Number 0000243562). Id. The ``30-percent policy'' is not a Commission rule, but rather is an internal
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  • Atlanta Adventist Academy HS, dated February 24, 2000 (Minimum Processing Standards Letter). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). (noting that for Funding Year 3, the filing window for FCC Forms 471 closed on January 19, 2000, while the deadline for certifications was initially January 26, 2000, and later extended to January 31, 2000). For Funding Year 5, which begins July 1, 2002, SLD has enhanced its online filing capabilities so that Block 6 certifications
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, 16 FCC Rcd 9880, n.13 (2001) (Further Notice of Proposed Rulemaking). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules
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  • 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC Form 470, Pearl River Public School District, App. No. 298900000285951, filed December 22, 1999. Request Letter, at
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  • requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver Request. See id. See id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C.
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  • 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (Oct. 2000) (FCC Form 471 Instructions), at 5. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FY 4 FCC Form 471). FCC Form 471 Instructions at 5. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • filed July 25, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Southwest Independent School District, filed January 18, 2001 (Southwest Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to James E. McNamara, Southwest Independent School District, dated March 29, 2001 (Rejection Letter). Rejection Letter, at 1. Southwest used the FCC Form 471 for
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  • filed July 24, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Noe Sauceda, PhD., Edgewood Independent School District, dated June 26, 2001 (Administrator's Decision on Appeal), at 2. FCC Form 471, Edgewood Independent School District, filed January 18, 2001 (Edgewood Form 471). Letter from Schools and
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  • Green Bay Area Public Schools, to Federal Communications Commission, dated August 2, 2001 (Request for Review); see also Letter from George A. Smith, Green Bay Area Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 28, 2001 (SLD Appeal). 47 C.F.R. �� 54.501, 54.502. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Green Bay Area Public Schools, filed January 20, 2001. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). Letter from Schools and Libraries Division,
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  • filed August 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives, (September 2000) . FCC Form 470, art in context, posted January 25, 2001. FCC Form 471, art in context, filed July 25, 2001. Id. Waiver Request at 1. Id. Id. Id. at 1-2. Id. at 3 Id. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir.
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  • filed August 13, 2001 (Waiver Requests). See Waiver Requests. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (Window Notice). See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (appeals court vacating a Commission decision to grant a waiver in a licensing issue, because it was arbitrary and capricious).
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  • filed August 29, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (September 2000) . FCC Form 470, Loutit District Library, posted February 26, 2001. FCC Form 471, Loutit District Library, filed June 7, 2001(envelope containing Block 6 certification page with postmark date of June 7, 2001). Waiver Request. Id. Id. at 2. Id. at 1. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v.
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  • School District, to Federal Communications Commission, filed July 7, 2000 (Request for Review); see also Letter from Linda Berry, Schuyler R-1 School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 22, 2000 (SLD Appeal Letter). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. � 54.507(g). It is to the applicants' advantage, therefore, to ensure that the Administrator
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). >. Request for Review by Most Holy Trinity, para. 8. Id., paras. 9-10. Petition for Reconsideration, at 3-4. Id. at 3. The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See Changes to
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  • Libraries Division, Universal Service Administrative Company, to Jerry Gatlin, Floyd County Board of Education, dated July 13, 2001. By so doing, we do not abridge Floyd County's right to seek review under 47 C.F.R. � 54.719(c), of the Administrator's July 13, 2001 decision. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. FCC Form 471, Floyd County Schools, App. No. 275627 (First Form 471); FCC Form 471, Floyd County Schools, App. No. 263665 (Second Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (Year 4 Form 471); Schools and Libraries Universal Service, Services
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  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in this instance. Because SLD did not receive the form until December 27, more prompt posting by
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  • consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et al., Federal-State Joint Board on Universal Service, Changes to the Board of
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  • provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding Year 2 of the schools and libraries program. Problem Resolution Form Detail Log, Schools and Libraries Division,
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  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id. FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Northeast Cellular Telephone Co. v. FCC, 897
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  • information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). > (directing applicants to file Item 21 attachments along with Block 6 certifications). SDAS filed
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  • July 31, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. Pursuant to 47 C.F.R. � 54.507(c), the Administrator is directed to establish a filing period (filing window) that treats all applicants as though their applications were received on the same day. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rule, 47 C.F.R. � 54.507(g). It is to the applicants' advantage, therefore, to ensure that the Administrator
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  • November 5, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). >
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  • in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. � 54.719. Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-142237, CC Dockets
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  • Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et
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  • Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c); 54.507(c). See 47 C.F.R. � 54.507(c). See 47 C.F.R. � 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >. Id. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for
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  • waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. � 54.719 et seq. (governing requests for review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely were not data-entered, and therefore, did not receive File Numbers. Id. Id. Letter from Christy Wright,
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  • COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC Form 471, Governor's School for Global Economics and Technology, filed March 9, 2000. Northeast Cellular Telephone Co.
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  • 480. 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). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). Id. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). SLD web site, SLD Announces Availability of Year 3 Forms (October 29, 1999), . In order to be eligible for funding as a telecommunications service, a service provider must be an eligible common carrier. See Form 470 Instructions. The instructions note that ``[i]f you receive telecommunications services from a provider that is not a common carrier,
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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. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Id. Minimum Processing Standards. Minimum Processing Standards. See Rejection Letter. Request for Review, at 1. Receipt Notification; see also Appeal to SLD, Attachment. See Appeal to SLD. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Diane DeBlock, Ringwood School District, dated June 16, 2000, at 1. Request for
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  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC
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  • E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4), � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC Form 471, Alton Elementary School, filed January 26, 2000. Request for Waiver, at 1. Id. Id. Id.
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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 (December 1998) (FCC Form 471). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. 47 C.F.R. � 54.719. 47 C.F.R. � 54.720. Due to recent disruptions in the reliability of the mail service, the appeal period has been extended to 60 days for Requests for Review seeking review of decisions issued on or after August 13, 2001. See Implementation
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  • seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • 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) (Year 4 Form 471). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Minimum Processing Standards. In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate 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.
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  • to Federal Communications Commission, filed July 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). > (Minimum Processing Standards). Minimum Processing Standards. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Lynne Wendt, Our Lady of Loretto, dated June 26, 2001 (Administrator's Decision on Appeal), at 1-2. In Funding Year 4, the total amount of discounts requested was $5.195 billion. See Letter from Kate L. Moore, President, Universal Service
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  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking). FCC Form 471, Valliant Independent School District 11, filed January 19, 2000 (Valliant Form
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. �� 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). Block 6 is the section of the FCC Form 471 where applicants must sign the form and make certifications required under program rules. See FCC Form 471, Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000). See SLD website, What's New (November 2, 2000) (SLD Year 4 Change Notice). >. FCC Form 471, Locust
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  • which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. � 54.504(c), 54.507(g). >. See FCC Form 470, WestCEL, filed December 27, 2000. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, WestCEL, filed January 16, 2001. WestCEL cites to the Administrator's Decision on Appeal stating that ``FCC rules require that except under limited circumstances, all Forms 470 received be posted on the website for 28 days ... before signing and submitting
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  • 2001 and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2001, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) . FCC Form 471, Glover Elementary School, filed January 29, 2001 (Glover Form 471). Id. (postmark date on envelope containing certification and attachments). We note that Glover's Waiver Request incorrectly states that the material was mailed on January 23, 2001, but
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  • and ended on June 30, 2002, previously known as Funding Year 4, is now called Funding Year 2001. The funding period that began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, What's New (November 2, 2000) . Id. Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School, dated October 5, 2001 (referring to application No. SLD-260894), and Letter from Schools and Libraries Division, Universal Service Administrative Company, to Michelle Burton, Union Township School,
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  • this Order, the Telecommunications Access Policy Division grants the request of Chicago Public Schools, Chicago, Illinois (Chicago PS), for a waiver of the September 30, 2003 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2002 of the program. Specifically, we find that Chicago PS is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We extend the deadline for implementation of non-recurring services for Funding Request Number (FRN) 753376 to September 30, 2004. Chicago PS requests an
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  • Bureau: In this Order, the Telecommunications Access Policy Division (Division) grants Edcouch-Elsa Independent School District, Edcouch, Texas, a waiver of the September 30, 2002 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 2001 of the program. Specifically, we find that Edcouch-Elsa Independent School District is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We grant Edcouch-Elsa Independent School District an extension of the September 30, 2002 deadline, to September 30, 2003. This waiver will provide Edcouch-Elsa
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  • Review.'' See Requests for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. �54.719(c). See, e.g., Form 471 Minimum Processing Standards and Filing Requirements for FY2001 (Funding Year 2001 Form 471 Minimum Processing Standards). Id. See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). FCC
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  • Bureau: In this Order, the Telecommunications Access Policy Division grants the request of Pittsylvania County Schools, Chatham, Virginia (Pittsylvania), for a waiver of the September 30, 2000 deadline for installation of non-recurring services for schools and libraries receiving universal service funding for Funding Year 1999 of the program. Specifically, we find that Pittsylvania is entitled to a waiver of section 54.507(d) of the Commission's rules, which requires recipients under the schools and libraries universal service support mechanism to implement contracts or agreements with service providers for non-recurring services by September 30 following the close of the funding year. We extend the deadline for implementation of non-recurring services for Funding Request Number (FRN) 260055 to September 30, 2004, for Pittsylvania, who was,
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  • June 30, 2002, previously would have been known as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003 is now known as Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New Filing Requirements Firmly Established (November 2, 2000) (SLD Filing Window Notice). Request for Review. Id.; SLD Filing Window Notice. See SLD Filing Window Notice. FCC Form 471, St. John Vianney High School, filed January 18, 2001 (electronic portion submitted into SLD's filing system on January 12, 2001)
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  • provide the information requested, ``the processing of your application may be delayed or your application may be returned to you without action.'' The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
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  • June 30, 2003, previously would have been known as Funding Year 5, and is now called Funding Year 2002. The funding period which begins on July 1, 2003 and ends on June 30, 2004 is now known as Funding Year 2003, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(b). 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . Waiver Request. See also FCC Form 471, Siskiyou County Library, filed January 23, 2002 (Siskiyou Form 471). Waiver Request (attaching copy of the invoice in question with two line items totaling more than $12,000). Waiver Request. Siskiyou Form 471 (the electronic portion was submitted on January 23, 2002; the envelope containing
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  • Rcd 3145 (Com. Car. Bur. 2002). See also Request for Review by Naperville Community Unit School District 203, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd 5032, para. 12 (2001). Consistent with sections 54.504(c) and 54.507(c) of the Commission's rules, applicants are not permitted to amend completed FCC Forms 471 to change service categories after closure of the filing window deadline. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
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  • on June 30, 2002, previously described as Funding Year 4, and is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, and is now called Funding Year 2002, and so on. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c). 47 C.F.R. �� 54.504(c), 54.507(g). SLD website, What's New Archives (January 10, 2002) . FCC Form 471, New Carlisle Olive, filed January 29, 2002. Waiver Request. See 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Homer Community Consolidate S.D 33C, Federal-State Joint Board on Universal Service, Changes to the Board
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  • thus recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The staff also recommends that the following provisions be updated: 47 C.F.R. �� 54.5, 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. �� 54.903(a), 54.903(c), 54.903(d), 54.903(e); and that the following provisions for which funding periods have expired be removed: 47 C.F.R. �� 54.507(a)(1)-(2), 54.604(a)(2). The rules in Part 54 regarding the rural health care and the schools and libraries programs establish universal service mechanisms that ensure that consumers have access to affordable telecommunications services. The staff therefore finds that these rules are necessary in the public interest, and therefore should not be modified or eliminated as a result of meaningful economic competition at
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  • its November 2, 2004 filing, USAC proposes to recover $550 million ($275 million in first quarter 2005 and $275 million in second quarter 2005) of the funds used by the Commission in the second through fourth quarters of 2004 in order to restore monies for funding years 2003 and 2004 to the $2.25 billion annual cap set forth in section 54.507(a). Accordingly, USAC increased the projected program support for the Schools and Libraries support mechanism for the first quarter of 2005 by $275 million to account for the recovery of a portion of the funds that had been used to reduce this mechanism's demand in prior quarters of 2004. On December 8, 2004, Congress passed legislation exempting the universal service fund
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  • Schools, to Federal Communications Commission, filed October 25, 2004 (collectively, Requests for Review). Any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on
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  • Academy, to Federal Communications Commission, filed August 18, 2003 (collectively, Requests for Review). Any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to
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  • processed that same day; and (3) an affidavit of the district representative who mailed the application, stating that representative delivered the application to Packages Plus on January 18, 2001 and received a date-stamped receipt that was damaged by clear tape that was used to preserve the date stamp. Owensboro submitted the same evidence in the instant Request for Review. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • on June 30, 2000, IS GRANTED and REMANDED to SLD for further processing in accordance with this Order. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Sherian Keeling, Gainesville Independent School District, to Federal Communications Commission, filed June 30, 2000 (Request for Waiver). 47 C.F.R. � 1.3. 47 C.F.R. �� 54.504(c), 54.507(g). Id. The deadline for Funding Year 2000 applications was January 19, 20000. See SLD website, . Federal-State Joint Board on Universal Service, Year 3 Filing Window, CC Docket No. 96-45, Order, 15 FCC Rcd 13932 (2000) (Year 3 Server Failure Order). Year 3 Server Failure Order, 15 FCC Rcd at 13935, paras. 8-9. Id. Id. See Id., 15 FCC Rcd
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  • Sauer, St. John's School, to Federal Communications Commission, filed March 5, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. � 54.719(c). See Request for Review at 1. See Request for Review at 1. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • for Review and remand it to SLD for appropriate action consistent with this Order. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications, Internet access, and internal connections services. Two schools and libraries program rules are relevant to this inquiry. First, section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. If a service provider is unable to complete implementation for reasons beyond the service provider's control, an applicant may request an extension of the implementation deadline for non-recurring services. Secondly, applicants must submit an FCC Form 486 indicating that
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  • be deleted from the Code of Federal Regulations. WCB staff recommends deletion of section 54.509(c) of the Commission's rules. Section 54.509(c) concerns the distribution of leftover funds from the Schools and Libraries support mechanism. Our treatment of these funds was updated in the Third Schools Order. In that order, we adopted a procedure to carry forward unused funds and amended 54.507(a) accordingly. WCB staff therefore recommends elimination of section 54.509(c). Part 59 - Infrastructure Sharing Description Part 59 implements section 259 of the Communications Act of 1934, as amended, by specifying the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities
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  • extension of the deadline for installing Funding Year 2003 non-recurring services on the ground that Houston did not fulfill the requirements for an extension under our rules. Based upon our review of the record, we find that Houston is entitled to receive an extension of the implementation deadline for non-recurring services in accordance with the criteria set forth in section 54.507(d) of the Commission's rules. Accordingly, for the reasons set forth below, we grant the Request for Review and remand Houston's application to USAC for further consideration consistent with this Order. Under the schools and libraries universal service support mechanism, commonly referred to as the E-rate program, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for
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  • mechanism. For the reasons set forth below, we grant RMSI's Request for Waiver and remand Shiprock's application to USAC for appropriate action consistent with this Order. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications, Internet access, and internal connections services. Section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. Commission rules also provide that applicants whose funding commitment decision letters are issued by the Administrator on or after March 1 of the current funding year have until September 30 of the following year to complete implementation. An applicant
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  • to Federal Communications Commission, filed April 8, 2003; Letter from Rabbi Chaim Weinberg, Yeshivat Ateret Torah, to Federal Communications Commission, filed April 8, 2003 (collectively, Requests for Review). The filing window deadline for Funding Year 2002 applications was January 17, 2002. See Universal Service Administrative Company (USAC) website for Minimum Processing Standards and Filing Requirements for FY 5, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • Letter from Patrick J. O'Regan, Berlin-Milan Local Schools, to Federal Communications Commission, filed May 27, 2003; Letter from Bill Alexander, Humble Independent School District, to Federal Communications Commission, filed June 18, 2003 (collectively, Requests for Review). The deadline for Funding Year 2003 applications was February 6, 2003. See Universal Service Administrative Company (USAC) website, What's New, December 2, 2002. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • Federal Communications Commission, filed April 16, 2003; Letter from Bridie Bartnicki, Rock Falls Elementary School District 13, to Federal Communications Commission, filed May 29, 2003 (collectively, Requests for Review). The filing window deadline for Funding Year 2002 applications was January 17, 2002. See Universal Service Administrative Company (USAC) website for Minimum Processing Standards and Filing Requirements for FY 5. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes
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  • a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Applicants using USAC's online filing system must either complete
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  • 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 eligible telecommunications services, Internet access, and internal connection services. The Commission has vested in USAC the responsibility of administering the application process for the schools and libraries universal service support mechanism. Section 54.507(d) of the Commission's rules requires schools, libraries and eligible consortia to use recurring services for which discounts have been committed by USAC within the funding year for which the discounts were sought. Non-recurring services have an implementation deadline of September 30 following the close of the applicable funding year, although that deadline may be extended if the applicant satisfies one
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  • Senior High School, Northside Elementary School, Ortonville High School, Ortonville-Knoll Elementary School, Ramsey Elementary School, Sanford Elementary School, Yme-Bert Raney Elementary School. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. � 54.507(g)(1)(i-iv). Id. See also Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15810, para. 5 (2004) (Fifth Report and Order); and Federal-State Joint Board on Universal Service, CC Docket 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915 para. 36 (1998). Fifth Report and Order, 19
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  • 3060-0982 Implementation of Low Power Television (LPTV) Digital Data Services Pilot Project 01/31/08 3060-0984 Secs. 90.35(b)(2) and 90.175(b)(1) 07/31/07 3060-0986 FCC 525 06/30/08 3060-0987 911 Callback Capability: Non-initialized Phones 10/31/08 3060-0989 Procedures for Applicants Requiring Section 214 Authorization for Domestic Interstate Transmission Lines Acquired Through Corporate Control, Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/07 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 03/31/08 3060-0999 Exemption of Public Mobile Service Phones from the Hearing Aid
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  • weather. In particular, Petitioners state that technical problems, either with their own equipment or while interfacing with USAC's electronic filing mechanism, prevented their FCC Forms 471 from being timely filed. Based on the facts and circumstances of these specific cases, we find that special circumstances warrant a waiver of the deadline for filing the FCC Form 471 found in section 54.507 of the Commission's rules. As the Commission found in the Bishop Perry Order, we find that the complete rejection of these applications is not warranted, given that the violation at issue is procedural, not substantive. Like the applicants in the Bishop Perry Order, the applicants at issue here have demonstrated that rigid adherence to filing procedures does not further the
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  • grant requests by California Youth Authority, Florence County School District 3, Lee County School District, and Moreno Valley Unified School District (collectively, Applicants) for an extension of the deadline for implementing non-recurring services under the schools and libraries universal service support mechanism (also known as the E-rate program). Specifically, we find that Applicants satisfy the standard set forth in section 54.507(d) of the Commission's rules for obtaining an extension of the deadline for implementing non-recurring services. Therefore, we extend, until September 30, 2008, the deadline for Applicants to complete installation of non-recurring services for the funding years at issue in their Extension Requests. II. BACKGROUND The E-rate program permits eligible schools, libraries, and consortia that include eligible schools and libraries to
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  • �� 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Ren�e R. Crittendon Acting Deputy Chief Wireline Competition Bureau See Sprint Corp. Petition for Waiver, CC Docket 02-6, filed Feb. 3, 2004 (Petition); see also Letter from Jeffrey Lanning, Embarq (formerly known as Sprint), to Federal Communications Commission, Mar. 12, 2007. Id.; see 47 C.F.R. � 54.507(g). Petition at 5. See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See Request for Review by the Department of Education of the State of Tennessee, Integrated Systems and Internet Solutions, Inc., and Education Networks of America, CC Docket Nos. 96-45, 97-21, Order, 14 FCC Rcd 13734, 13747-55, paras. 26-42 (1999) (1999 Tennessee Order). Id. at
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  • 21 FCC Rcd 5316. In finding that applicants should be permitted to cure clerical, ministerial or procedural errors on E-rate applications, the Commission has altered the reasoning used by the Bureau in Penn Hills which would not have allowed applicants to cure clerical, ministerial or procedural mistakes related to SPINs. See 47 C.F.R. � 54.504(c). See also 47 C.F.R. � 54.507(c) (establishing the filing window). See, e.g., Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-245592, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd 7383, 7389, para. 13 (Wireline Comp. Bur. 2002); Request for Review
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  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USAC's projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commission's rules states, in pertinent part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that
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  • participants would receive one or more subsequent letters detailing USAC's final funding decision. Once an applicant has received funding approval in the FCDL, the applicant submits an FCC Form 486 to indicate that service has begun, specify the service start date and demonstrate that the applicant has received approval of its technology plans. An applicant must also comply with section 54.507(d) of the Commission's rules which requires the implementation of non-recurring services by September 30 following the close of the applicable funding year. If a service provider is unable to complete implementation for reasons beyond the service provider's control, an applicant may request an extension of the implementation deadline for non-recurring services. In Funding Year 2004, Hickory Public Schools sought E-rate
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  • 2005). On August 1, 2007, the states of Louisiana and Mississippi (States) filed a request for further waiver to extend relief provided in the Katrina Relief Order under the schools and libraries universal service support mechanism (E-rate program) to directly affected schools and libraries in Louisiana and Mississippi for Funding Year 2007. The States request that the Commission waive section 54.507 of its rules and treat all schools and libraries directly affected by Hurricane Katrina at the 90% discount level, the highest level of priority for Priority Two services under the E-rate program, for Funding Year 2007. The States additionally request that priority treatment not be limited solely to projects needed to restore schools and libraries to pre-Hurricane Katrina functionality. Interested
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  • and Reauthorization Act of 2004 (SHVERA) Rules , Broadcast Signal Carriage Issues, Retransmission Consent Issues 06/30/08 3060-0982 Implementation of Low Power Television (LPTV) Digital Data Services Pilot Project 01/31/08 3060-0984 Secs. 90.35(b)(2) and 90.175(b)(1) 09/30/10 3060-0986 FCC 525 06/30/08 3060-0987 911 Callback Capability: Non-initialized Phones 10/31/08 3060-0989 Secs. 63.01, 63.03 and 63.04 11/30/08 3060-0991 AM Measurement Data 05/31/08 3060-0992 Secs. 54.507(d)(1)-(4) and CC Docket No. 96-45 01/31/08 3060-0994 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band 01/31/10 3060-0995 Sec. 1.2105(c) 05/31/08 3060-0996 AM Auction Section 307(b) Submissions 05/31/08 3060-0997 Sec. 52.15(k) 05/31/08 3060-0998 Sec. 87.109 08/31/10 3060-0999 Sec. 20.19 09/30/10 3060-1000 Sec. 87.147 01/31/08 3060-1001 FCC 337
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  • waiver of the filing deadline for the subsequent FCC Form 471 (Application No. 489075) to allow it to submit the corrected FCC Form 471 outside the filing window. Consistent with precedent, and based on the facts and circumstances of this case, we find that good cause exists to waive the deadline for filing the FCC Form 471 found in section 54.507 of the Commission's rules. In this instance, Arkansas DIS committed an error in completing its initial FCC Form 471 submission by mistakenly including an incorrect funding request amount. Arkansas subsequently realized its error and took steps to correct its error by filing an accurate FCC Form 471 and an Item 21 Attachment as part of its initial FCC Form 471
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  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal universal service fund for the third quarter of 2008. According to USAC's projections, $600 million in unused funds from Funding Years 2002 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commission's rules states, in pertinent part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that
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  • 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 the requirements
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  • Jan. 18, 2001) (Radford FCC Form 471). Letter from USAC, Schools and Libraries Division, to B. Keith Rowland, Radford City Schools (Sept. 28, 2001) (Radford Funding Commitment Decision Letter). Eight of its other funding requests were also denied because USAC did not fund Priority Two requests below the 80 percent discount level in Funding Year 2001. See 47 C.F.R. � 54.507(g). These funding requests are not at issue here. Request for Review at 1. Id. at 1-2. Id. at 2. See Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316, 5324-25, paras. 17-20 (2006) (Bishop Perry Order) (waiving the Commission's rules for failure
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  • that the action we take today should have minimal impact on the universal service fund as a whole. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(d). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). The qualifying criteria are: (1) the applicant's funding commitment decision letter is issued by USAC on or after March 1 of the funding year for which discounts are authorized; (2) the applicant receives a
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  • any missing or incomplete FCC Form 471 certifications, and to grant the applicants an additional 15 calendar days after receipt of such notice to file their FCC Form 471 certifications. Accordingly, based on the facts and circumstances of these specific cases, we find that special circumstances warrant a waiver of the FCC Form 471 filing window deadline found in section 54.507(c) of the Commission's rules for the petitioners listed in the appendix. As the Commission found in the Bishop Perry Order, complete rejection of their applications is not warranted, given that the violation at issue is procedural, not substantive. Like the applicants in the Bishop Perry Order, the applicants listed in the appendix have demonstrated that rigid adherence to filing procedures
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  • to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). Funding Years start July 1st and run through June 30th of the following year. 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See Request for Review by the Department of Education of the State of Tennessee, Integrated Systems and Internet Solutions, Inc., and Education Networks of America, CC Docket Nos. 96-45, 97-21, Order, 14 FCC Rcd 13734, 13747-55, paras. 26-42 (1999) (Tennessee Order). Id. at 13753-54, paras. 37-38. Id. at 13754, para. 39. USAC
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  • ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3, and 54.722(a), the Requests for Review and or Waiver of 47 C.F.R. �54.507 filed by the Petitioners as listed in the Appendix ARE GRANTED and REMANDED to USAC for further action consistent with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to the authority delegated
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  • website, Schools and Libraries, Schools and Libraries Deadlines, http://www.universalservice.org/sl/tools/deadlines/default.aspx (retrieved Aug. 19, 2008). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See USAC website, Schools and Libraries, Item 21 Attachments to Form 471, http://www.usac.org/sl/applicants/step07/form471-attachments.aspx (retrieved Aug. 19, 2008). 47 C.F.R. �� 54.507(c). See USAC website, Schools and Libraries, Form 471 Receipt Acknowledgement Letter, http://www.usac.org/sl/applicants/step07/receipt-acknowledgement-letter. aspx (retrieved Aug. 19, 2008) (FCC Form 471 RAL Procedures). See FCC Form 471 RAL Procedures; Form 471 Receipt Acknowledgement Letter, Funding Year 2008: 07/01/2008 - 06/30/2009, http://www.usac.org/_res/documents/sl/pdf/SampleLetters/form-471RAL-appl icant.pdf (retrieved Aug. 19, 2008) (Funding Year 2008 RAL); Bishop Perry Order, 21 FCC Rcd at 5316-17, para. 2. Previously,
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  • 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 the universal service support mechanism.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Waiver of Section 54.507 of the ) Commission's Rules and Review of a Decision ) of the Universal Service Administrator by ) ) Minford Local Schools ) File No. SLD-637390 Minford, OH ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: July 21, 2009 Released: July 21, 2009 By the Acting Chief, Telecommunications Access Policy Division,
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  • exception, Priority Two funding has been available only at the 80 percent level and above. Each funding year, a certain amount of E-rate funds remains unused. In 2003, the Commission amended its rules to require that those E-rate funds identified as unused from prior years be used to increase the annual funding cap for the next E-rate funding year. Section 54.507(a)(2) of the Commission's rules states that ``in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' In accordance with this rule, the
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  • 9217, para. 42. (last visited Aug. 28, 2009). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15816, para. 24 (2004) (Schools and Libraries Fifth Report and Order). Id. The E-rate funding year starts on July 1 and ends on June 30 of the next calendar year. 47 C.F.R. � 54.507(b). 47 C.F.R. � 54.507(d); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. See, e.g., 47 C.F.R. � 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended
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  • No. 02-6 (filed Aug. 31, 2004) (Request for Waiver or Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. � 54.507(b). 47 C.F.R. �� 54.501-503. 47 C.F.R. �� 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. � 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public
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  • has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter 2009 (July 31, 2009). Thus, we determine that the action we take today should have a minimal impact on the universal service fund as a whole. 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.507(d). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. (last visited Oct. 20, 2009); see
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  • 2009). (last visited Oct. 1, 2009)). /ws_13_edu.pdf (last visited Oct. 1, 2009)). (last visited Oct. 1, 2009)). (last visited Oct. 21, 2009). 9 The Commission's priority rules for the E-rate program provide that first priority for the available funding for all discount categories 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
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  • 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 or prior to closure of entity. 54.513(c), prohibiting the transfer
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  • 471), OMB 3060-0806 at 8-9 (November 2004) (funding year 2006 FCC Form 471 Instructions). (last visited June 4, 2010). See 47 C.F.R. � 54.505(b)(1), (2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14934-35, para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1). Id. See FCC Form 471, The Bronx Charter School for Better Learning (filed Jan. 25, 2006); FCC Form 471, The Bronx Charter School for Better Learning (filed Feb. 5, 2006). Id. See Administrator's Decision on Appeal at 2; see also 2006 Request for Review at 1. See 2006 Request for Review, at attachment. Id. See Sept. 19 Funding Commitment Decision
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  • Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal Universal Service Fund for the third quarter of 2010. According to USAC's projections, $900 million in unused funds from funding years 2002 and 2005 through 2008 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service program. Section 54.507(a)(2) of the Commission's rules states, in part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' Consistent with the Commission's rules, the Wireline Competition Bureau announces that $900
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  • behalf of Beth Rivka School, 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
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  • order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. Finally, we deny the remaining 32 requests seeking waivers of the FCC Form 471 filing window deadline for various funding years because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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), that the requests for review or requests for waiver
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  • known as the schools and libraries universal service program) for funding years 2001 through 2007. Consistent with precedent, and based on our review of the record, we find that these petitioners attempted in good faith to comply in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that these petitioners violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct the Universal Service Administrative Company (USAC) to waive any other procedural deadlines that were missed while these issues were on appeal with the Commission. We emphasize, however, the limited nature of this decision. Although we grant these appeals, this order does not alter
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  • find that five appellants warrant waivers of our appeal filing deadline because the appeals involved errors by USAC or an appeal was filed within 60 days of the appellant receiving actual notice. Next, consistent with the Bureau's Archer Public Library Order and based on our review of the record, we find good cause exists to waive sections 54.504(b), 54.504(c), and 54.507(c), as necessary, of the Commission's rules to permit these petitioners to correct ministerial or clerical errors on their original FCC Forms 470 and 471 and other related forms or submissions to USAC. Specifically, we find that the petitioners inadvertently made ministerial or clerical errors while completing their FCC forms, while responding to USAC requests for additional information during the application
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  • IS ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3, and 54.722(a), the Requests for Review and/or Waiver of 47 C.F.R. �54.507 filed by the Petitioners as listed in the Appendix ARE GRANTED and the applications ARE REMANDED to USAC for further action consistent with the terms of this order. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Waiver of Section 54.507(d) ) of the Commission's Rules ) ) Harvest Preparatory School ) File No. SLD-486149 Yuma, Arizona ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) order Adopted: May 20, 2010 Released: May 20, 2010 By the Deputy Chief, Wireline Competition Bureau: I. INTRODUCTION In this order, we grant a request for waiver filed by
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  • USAC to complete its review of the application and issue an award or denial based upon a complete review and analysis no later than 90 calendar days from the release date of this order. BACKGROUND Pursuant to the E-rate program, eligible schools, libraries, and their consortia may apply for discounts for eligible telecommunications services, Internet access, and internal connections. Section 54.507(d) of the Commission's rules requires applicants to implement non-recurring services by September 30 following the close of the applicable funding year. The Commission's rules also provide that applicants whose funding commitment decision letters (FCDLs) are issued by USAC on or after March 1 in the current funding year have until September 30 of the following year to complete installation of
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  • Line 23j (filed Jan. 14, 2000) (Idaho Falls 2000 FCC Form 471) (establishing eligibility for a 59 percent discount); Funding Year 2000 Funding Commitment Decision Letter. The Commission's priority rules provide that requests for telecommunications and Internet access services shall receive first priority for available funds and that requests for internal connections shall receive secondary priority. See 47 C.F.R. � 54.507(g)(1). If sufficient funds are not available to fund all requests for discounts for internal connections, USAC shall allocate funds for discounts beginning with those applicants eligible for a 90 percent level and, to the extent funds remain, continue to allocate funds for discounts to applicants at each descending single discount percentage, e.g., 89 percent, 88 percent, and so on. Id.
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  • information that provides a reasonable and appropriate delineation between the eligible and ineligible components). While these concepts have been removed from certain sections, they do remain in the document in a section we determined to be appropriate for the concept (e.g., the reminder regarding cost-allocation is listed in the ``Special Eligibility Considerations'' section of the ESL). See 47 C.F.R. � 54.507(g). There were other minor changes to language or transfer of language from one paragraph to another in this section as well (e.g., the sentence stating that ``services that are not eligible for E-rate discounts are listed at the end of each category,'' was moved to another paragraph in the introduction to the ESL). See Wireline Competition Bureau Announces Selected Applications
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  • dismiss as moot four requests for waivers by applicants whose FCC Form 471 applications were all filed within the application filing window deadline. We deny the remaining 14 requests seeking waivers of the FCC Form 471 application filing window deadline for funding years 2010-2011 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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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  • 10 Tf (54.505\(b\)\(4\).) Tj 1 0 0 1 72.95 224.449 Tm 115 Tz /OPBaseFont0 10 Tf ('Id) Tj 1 0 0 1 78.2 202.85 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 94.8 202.85 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R. �) Tj 1 0 0 1 144.45 202.799 Tm 102 Tz /OPBaseFont2 10 Tf (54.507\(g\)\(l\).) Tj 1 0 0 1 73.2 181.5 Tm 109 Tz ('�Id.) Tj 1 0 0 1 73.2 159.399 Tm 100 Tz /OPBaseFont1 10 Tf ("See FCC Form 471, Loving Municipal Schools \(filed Jan. 30, 2004\) \(Loving FCC Form 471\).) Tj 1 0 0 1 73.2 138.299 Tm 95 Tz /OPBaseFont2 10 Tf ('21d.) Tj 1 0 0 1 73.2 121.199
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-1345 Released: August 5, 2011 WIRELINE COMPETITION BUREAU ANNOUNCES E-RATE INFLATION-BASED CAP FOR FUNDING YEAR 2011 CC Docket No. 02-6 Pursuant to section 54.507(a) of the Commission's rules, the Wireline Competition Bureau announces that the E-rate program funding cap for funding year 2011 is $2,290,682,250. Section 54.507(a)(1) of the Commission's rules requires an adjustment of the E-rate program's annual cap based on the gross domestic product chain-type price index (GPD-CPI) measure of inflation. The new cap represents a 0.9% inflation-adjusted increase from funding year
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  • point at which funding for priority two services are exhausted has varied from 70 to 86 percent. Each funding year, a portion of E-rate funds remains unused. In 2003, the Commission amended its rules and required that unused E-rate funds identified in prior years be used to increase the annual funding cap for the next E-rate funding year. Accordingly, section 54.507(a)(3) of the Commission's rules states that ``in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap.'' By operation of this rule, the
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  • order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. We deny the remaining eight requests seeking waivers of the FCC Form 471 application filing window deadline for funding year 2011 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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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  • that are not eligible for B-rate discounts r) Tj 1 0 0 1 72.95 366.5 Tm 75 Tz /OPBaseFont1 10 Tf (") Tj 1 0 0 1 82.3 361.449 Tm 96 Tz (See 47) Tj 1 0 0 1 111.6 361.449 Tm /OPBaseFont2 10 Tf (C.F.R. �) Tj 1 0 0 1 148.3 361.449 Tm 97 Tz /OPBaseFont1 10 Tf (54.507\(g\).) Tj 1 0 0 1 73.2 347.799 Tm 62 Tz (50) Tj 1 0 0 1 82.3 343 Tm 100 Tz /OPBaseFont2 10 Tf (Not every service listed on a telephone bill is a telecommunications service.) Tj 1 0 0 1 400.05 342.5 Tm 99 Tz (For example, directory listings, 1-) Tj 1 0 0 1 73.2 331.199 Tm (900
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  • that the complete rejection of this application is not walTanted,) Tj 1 0 0 1 73.2 440.199 Tm 110 Tz (and that strict adherence with USAC's procedures and the Commission's rules in this instance would be) Tj 1 0 0 1 73.2 427.5 Tm 109 Tz (inconsistent with the public interest and we grant Coordinated Construction a waiver of section 54.507\(b\)) Tj 1 0 0 1 73.2 415.25 Tm 110 Tz (of the Commission's rules.'5) Tj 1 0 0 1 78.95 378.5 Tm 99 Tz (Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form) Tj 1 0 0 1 73.2 367.199 Tm 100 Tz (\(FCC Form 486\), 0MB 3060-0853 \(August 2003\) at 2 \(FCC Form 486
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  • and the underlying application IS REMANDED to USAC for further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that section 54.507(d) of the Commission's rules, 47 C.F.R. � 54.507(d) IS WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to authority contained in sections 1-4 and 254 of the Communications Act, as amended, 47 U.S.C. �� 151-154 and 254, and authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a),
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  • use participation in other income-assistance programs, such as Medicaid, food stamps, or Supplementary Security Income (SSI), to determine the number of students that would be eligible for the NSLP. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (November 2004) (Form 471 Instructions) at 8-9. See 47 C.F.R. � 54.507(g)(1). Id. See FCC Form 471, Barberton City School District, filed Feb. 15, 2006. Id. See Administrator's Decision on Appeal at 1-2. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ryan Pendleton, Barberton City School District (dated Nov. 29, 2006) (Funding Commitment Decision Letter (FCDL)) See FCDL at 5-6; Administrator's Decision on Appeal at 1-2. (last visited
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  • contract expiration date, believing that action also served to extend the implementation deadline. Consistent with precedent, and based on our review of the record, we find that the petitioners attempted in good faith to comply with Commission rules in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that they violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct USAC to waive any associated invoice filing deadlines in connection with this service deadline extension and any other procedural deadlines that were missed while these issues were on appeal with the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections
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  • Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-7385. - FCC - Petition of Funds for Learning, Inc. to Reject the Administrator's Discount Threshold Recommendation for Funding Year 2010, WC Docket No. 02-6 (filed Feb. 11, 2011) (Petition). Funding year 2010 began on July 1, 2010 and ends on June 30, 2011. See 47 C.F.R. � 54.507(b). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). 47 C.F.R. � 54.507(g)(1)(iii). Petition at 1. Id. See id. at 3-7. The Commission's rules state, in part, that ``all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the
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  • Systems, Inc., to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Nov. 11, 2004) (ACS Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.501-54.503. See 47 C.F.R. � 54.507(d); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). The qualifying criteria are: (1) the applicant's funding commitment decision letter is issued by USAC on or after March 1 of the funding year for which discounts are authorized; (2) the applicant receives a service provider
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  • remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications. We deny the remaining nine requests seeking waivers of the FCC Form 471 application filing window deadline for funding years 2009 and 2010 because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) 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), that the requests for review or requests for waiver
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  • the service provider was unable to complete implementation for reasons beyond its control. Consistent with precedent, and based on our review of the record, we also find that Lancaster attempted in good faith to comply with Commission rules in a timely manner in seeking an extension of the deadline for non-recurring services. Therefore, to the extent that Lancaster violated section 54.507(d) of the Commission's rules, we find that good cause exists to waive this rule. We also direct the USAC to waive any associated invoice filing deadlines and any other procedural deadlines that were missed while these issues were on appeal with the Commission. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications
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  • Heart filed its appeal only a few days late. Turning to the merits, we find that Sacred Heart has demonstrated special circumstances to justify a waiver of the E-rate program's FCC Form 471 filing deadline. Consistent with the Bureau's decision in Argos Public Library, and based on our review of the record, we find that good cause exists to waive 54.507(c) of the Commission's rules, which states that FCC Forms 471 must be filed within the filing window to be considered as simultaneously received. Argos Public Library found that, absent ``evidence of waste, fraud or abuse,'' we may grant waivers in cases where parties ``filed their FCC Forms 471 or their waiver request within 14 days after the FCC Form 471
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  • Access Policy Division Federal-State Joint Board on Universal Service, Third Report and Order, CC Docket 96-45, 12 FCC Rcd 22485, 22488-89, para. 6 (1997). 47 C.F.R. �� 54.501-54.503. 47 C.F.R. � 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2010) (FCC Form 471). See (last viewed Jan. 10, 2011). 47 C.F.R. � 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Jan. 10, 2011). See Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket
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  • the E-rate program (more formally known as the schools and libraries universal service support program). In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners complied with the Commission's competitive bidding requirements, and therefore we grant their requests. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • within the funding year in which they were committed, the pilot participants who did not start their projects by the end of September 2011 will be unable to fully utilize the funds committed for their pilot project absent a waiver of the service delivery deadline of June 30, 2012 for funding year 2011. We therefore find that waiver of section 54.507(d) of the Commission's rules is necessary to provide for the intended yearlong trial of the off-premise wireless connectivity services, and thus is in the public interest. Therefore, we grant in part e-BI's request for waiver seeking additional time for those pilot participants that had not begun their pilot projects before October 1, 2011 to complete their one-year projects. Second, we
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  • justify a waiver of section 54.504(a) of the Commission's rules to permit them to correct clerical or ministerial errors. On our own motion, for these petitioners, we also waive section 507(d) of the Commissions rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We find the other five petitioners have not demonstrated that good cause exists to justify waivers to permit changes that were not the result of a clerical or ministerial error. We therefore remand the underlying applications listed
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  • made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and abuse in the record. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • the schools and libraries universal service support program). In each decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that for the applications listed in Appendix A, the Petitioners complied with the Commission's competitive bidding requirements, and therefore we grant their requests. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. In addition, we deny the requests from
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  • eligible for E-rate funding. Based on our review of the record, we find that the petitioners in the appendix sought funding for services that are eligible for E-rate support and grant their requests. We also find that at this time, there is no evidence of waste, fraud and abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We also find good cause
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  • 1 69.1 328.599 Tm 100 Tz (be available on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats) Tj 1 0 0 1 69.35 316.849 Tm (all applicants filing within that window as if their applications were simultaneously received. 47 C.F.R. �) Tj 1 0 0 1 498.95 316.599 Tm 96 Tz /OPBaseFont2 10 Tf (54.507\(c\).) Tj 1 0 0 1 69.1 305.299 Tm 100 Tz /OPBaseFont1 10 Tf (Although some petitioners did not explicitly request a waiver of the FCC Form 471 application filing window) Tj 1 0 0 1 69.35 293.799 Tm 99 Tz (deadline, we treat their requests for review as requests for waiver because, in each case, USAC denied their funding) Tj
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  • file additional documentation to support their calculations of the correct discount rates. In addition, we direct USAC to accept information already provided by the applicants that USAC had deemed late. Consistent with precedent, we also grant two waivers of section 54.720 of the Commission's rules establishing deadlines for the filing of appeals. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Accordingly, we remand the underlying applications listed
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  • precedent, we grant six requests from petitioners seeking waiver or review of decisions made by the Universal Service Administrative Company (USAC) under the E-rate program (more formally known as the schools and libraries universal service support program). In each case, USAC found that the petitioners failed to secure timely extensions of the deadlines for services implementation, as required by section 54.507(d) of the Commissions' rules, and of the deadlines for invoice submission. Based on our review of the record, we find that the petitioners either were unable to complete implementation on time for reasons beyond the service provider's control - one of the criteria required by the rule for an extension of services implementation - or they failed to do so
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  • it had issued an RFP, the FCC Form 470 contained enough detail for service providers to identify the desired services and to formulate bids. We therefore conclude that no violation of our competitive bidding rules occurred. Furthermore, we find no evidence of waste, fraud or abuse in the record at this time. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications to
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  • applicant that a consultant has the authority to respond to USAC questions on its behalf. However, Commission rules do not require such a letter to be signed before the E-rate consulting services are provided. As such, the petitioners identified herein were not required to have signed letters of agency with their consultants. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications to
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  • the applicants listed in the appendix met the requirements for demonstrating that the costs of the products and services in the funding requests were reasonable based on their circumstances and therefore were cost-effective under Commission rules. In addition, there is no evidence of waste, fraud or abuse in the record at this time. On our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • case, USAC denied or reduced funding because it found that the applicants failed to timely submit its FCC Form 486. Based on our review of the record, we find that the eight petitioners have demonstrated that good cause exists to justify a waiver of USAC's filing deadline for the FCC Form 486. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • to authority delegated in sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the request for review filed by Nuestros Valores Charter School regarding equipment that was not installed in funding year 2003, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau 47 C.F.R. � 54.507(d) (requiring that the implementation of non-recurring services occur by September 30 following the close of the funding year). See Letter from Patricia Matthews, Counsel for Nuestros Valores Charter School, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed Jan. 29, 2007) (Request for Review). USAC also sought reimbursement of $98,749.19 from Nuestros Valores for failure to
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  • of the aforementioned gifts did not impede the competitive bidding process. We emphasize, however, that our analysis of this matter could be different under our current rules, because the Commission established clear guidelines on permissible gifts in the Schools and Libraries Sixth Report and Order, which became effective on January 3, 2011. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in the relevant funding years. We therefore remand the underlying applications
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  • requirements and, therefore we grant Trillion's requests. Unlike communications discussed in recent precedent, we find that the communications at issue here did not impede the fair and open nature of Widefield's competitive bidding processes. We also find that at this time there is no evidence of waste, fraud and abuse in the record. On our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause the applicant to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications
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  • No. 02-6 (filed Mar. 30, 2004) (Petition). (last visited April 19, 2012). Under the Commission's rules, first priority for E-rate funding is given to requests for telecommunications services and Internet access (Priority One services) before available remaining funds are allocated to requests for support for internal connections and basic maintenance of internal connections (Priority Two services). See 47 C.F.R. � 54.507(g). Petition at 1. Section 54.502 of the Commission's rules states that supported telecommunications services provided by telecommunications carriers include all commercially available telecommunications services, in addition to all reasonably related charges, except charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such services. 47 C.F.R. � 54.502. Petition at 1. See SLD Website,
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  • was only entitled to the support for Internet access. We find that Fayetteville must return the E-rate support it requested and received for providing telecommunications. Finally, we find that the three petitioners listed in Appendix C violated that provision of the Commission's rules, and we therefore deny their requests for review. Next, on our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • process, but declined to penalize applicants that engaged in such practice prior to release of that order. Because the practices at issue occurred before we released the Queen of Peace Order, we grant Saint Raphael's requests for review and remand the underlying applications to USAC for additional processing consistent with this order. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. To ensure that the underlying
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  • but that it later corrected its response. Although the record does not demonstrate that USAC relied on this incorrect answer as a basis to deny funding, consistent with precedent, we direct USAC to accept the stated correction on remand and work with Billings as it evaluates any remaining questions about this application. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause a petitioner to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the
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  • petitioners listed in Appendix D have not demonstrated that good cause exists to justify waivers of the Commission's rules and we otherwise decline to grant these appeals. At this time, we find no evidence of waste, fraud and abuse in the record with respect to the petitioners for which we grant relief. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications listed
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  • record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 12-791 Released: May 18, 2012 WIRELINE COMPETITION BUREAU ANNOUNCES E-RATE INFLATION-BASED CAP FOR FUNDING YEAR 2012 CC Docket No. 02-6 Pursuant to section 54.507(a) of the Commission's rules, the Wireline Competition Bureau announces that the E-rate program funding cap for funding year 2012 is $2,338,786,577. Section 54.507(a)(1) of the Commission's rules requires an adjustment of the E-rate program's annual cap based on the gross domestic product chain-type price index (GPD-CPI) measure of inflation. The new cap represents a 2.1% inflation-adjusted increase from funding year
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  • for further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.3 and 54.722(a), that section 54.507(c) of the Commission's rules, 47 C.F.R. � 54.507(c), IS WAIVED for the petitioners listed in Appendices A and B to the limited extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154 and 254, and sections 0.91, 0.291, and 54.722(a) of
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  • grant a request filed by Loneman Day School (Loneman) seeking review of a decision made by the Universal Service Administrative Company (USAC) under the E-rate program (more formally known as the schools and libraries universal service support program). In its decision, USAC found that Loneman failed to secure timely extensions of the deadlines for services implementation, as required by section 54.507(d) of the Commissions' rules, and of the deadlines for invoice submission. Based on our review of the record, we find that Loneman's service provider was unable to complete implementation on time for reasons beyond the service provider's control - one of the criteria required by the rule for an extension of services implementation - and that Loneman made significant efforts
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  • case, USAC denied or reduced funding because it found that the applicant failed to timely submit its FCC Form 486. Based on our review of the record, we find that the 12 petitioners have demonstrated that good cause exists to justify a waiver of USAC's filing deadline for the FCC Form 486. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. Consistent with precedent, we also
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  • the time it filed its FCC Form 470. Therefore, consistent with the Brownsville Order, we waive the Commission's deadline for technology plan approval for funding year 2005, and grant Milburn's request for review concerning funding request numbers (FRNs) 1274660 and 1274682 as part of its funding year 2005 FCC Form 471 application. Additionally, on our own motion, we waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines for FRNs 1274660 and 1274682, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial of funding is likely to cause Milburn to miss the program's subsequent procedural deadlines in that funding year.
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  • find that, in these instances, a waiver of sections 54.503(c)(2)(vii) and 54.511(a) of the Commission's rules, which require applicants to use price as the primary factor in the vendor selection process, is in the public interest. Further, at this time, there is no evidence of waste, fraud and abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural deadlines in that funding year. We therefore remand the underlying applications to
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  • 13, 48. VPNs are eligible for funding as Priority 2 internal connections. Under the Commission's rules, first priority for E-rate funding is given to requests for telecommunications services, telecommunications, and Internet access (Priority 1 services) before available remaining funds are allocated to requests for support for internal connections and basic maintenance of internal connections (Priority 2 services). See 47 C.F.R. �54.507(g). Petition at 1. Id. at 1-2. 47 C.F.R. �� 1.1200 et seq. PUBLIC NOTICE PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 7 ? A M
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  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
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  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commission's Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
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  • 13, 2002 DELETION OF AGENDA ITEM FROM JUNE 13TH OPEN MEETING Open Meeting and previously listed in the Commission's Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- Commission Meeting Agenda A Public Notice of the Federal Communications Federal Communications Commission Commission 445 12th, Street, S.W. News Media Information (202) 418-0500 Washington, D.C. 20554 Fax-On-Demand (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov *The summaries listed in this notice are intended for the use of the public attending open Commission meetings.
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  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
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  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
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  • decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and libraries (those eligible for a 90 percent discount), and (3) commit remaining funds for
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  • decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and libraries (those eligible for a 90 percent discount), and (3) commit remaining funds for
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  • the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining
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  • the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.universalservice.org/sl/. 4 - 2 calculate total requests for support submitted during that filing window. If total requests exceed total support available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A6.pdf
  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295172A1.pdf
  • fund supports. The Commission's claim that the recent growth in total USF disbursements is correlated to CETC support seems quite straightforward: if one component of the total is growing rapidly, the total will grow rapidly unless there are offsetting declines in other components. Two of the other three USF programs are already subject to annual funding caps, see47 C.F.R. � 54.507(a) (schools and libraries program); 47 C.F.R. � 54.623 (rural health care program), and the other program, low-income support, although not capped, did not grow at an alarming rate from 2001 to 2007, seeUNIVERSALSERVICE MONITORING REPORT tbl.2.2. Thus, it is clear high-cost support, which has grown by $1.7 billion in the past six years, is the driving force behind the growth
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  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
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  • Commission or appeal to the Administrator. If rejected on appeal by the Administrator, the applicant may appeal to the Commission. Since inception, the program has experienced a tremendous expansion of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at http://www.usac.org/sl/tools/search-tools/form470- search-posted.aspx . 4 - 2 the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during the filing window. If the total amount requested exceeds the total support available in that funding year, the Administrator will: (1) calculate the requests for telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295932A1.pdf
  • 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 reg- ulations. Two program rules are particularly relevant to this case. First, SLD has detailed rules governing what equipment and services may be purchased with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296111A1.pdf
  • 1 GAOReportat49. 2/d. at50, 66. J /d. at49. �47U.S.C. �254(c)(I),(c)(3);47C.F.R.��54.502,54.503. 5 SeeUniversalServiceAdministrativeCompany,SchoolandLibrariesDivisionwebsite, hltp://www.sJ.universalsel.vicc.orgifundinglyI/nalional.asp(1998-2008dala). - 88 - Page2-TheHonorableJoseph 1.Lieberman forEducationStatistics(NCES)foundthatnearly100percentofpublicschoolsintheUnited StateshadInternetaccess,and97percentoftheseschoolsusedbroadbandconnectionstoaccess theInternet.6Today,Internetaccessinpublicschoolsisnearlyubiquitous.BeforetheE-rate programwasestablishedin1997,only78percentofpublicschoolshadanyInternetaccessatall. In1997,only27percentofpublicschoolinstructionalclassroomshadInternetaccess.By2005, thatfigurehadincreasedto94percent.7A2006studyfoundthat99percentofpubliclibrary branchesareconnectedtotheInternet,98percentofwhichofferpublicInternetaccess.8 It isvitalforalloftheCommission'suniversalserviceprograms,includingtheE-rate program,tohaveestablishedgoals.WhentheCommissionadoptedastructurefortheE-rate programinitsUniversalServiceFirstReportandOrder,itidentifiedastheprogram'sgoalto ensurethateligibleschoolsandlibrarieshaveaffordableaccesstomoderntelecommunications andinformationservicesthatwouldenablethemtoprovideeducationalservicestoallpartsof thenation.9Toimplementthisgoal,theCommissionestablishedfundingprioritiesfortheE-rate program,placingahigherpriorityonfundingfortelecommunicationsandInternetaccess (Priority1services)thanoninternalconnections(Priority2services).10TheCommissionalso determinedthatschoolswithahigherpovertyrateandschoolslocatedinruralareaswould receiveadditionalfundingtoassisttheminmeetingtheirtelecommunicationsandinformation servicesneeds.IIAccordingly,agreaterportionofE-ratefundingisallocatedtoPriority1 servicesthantoPriority2services,andpoorandruralschoolsreceivemoreE-ratefundingthan moreaffluentandurbanschools. WhiletheCommissiondidnotsetatargetforachievementatthetimeitestablished programgoals,thestatisticsabovesuggestthattheprogramhasbeensuccessfulingetting schoolsandlibrariesconnectedtotheInternet.TheCommissionalsohasendeavoredtoupdate andimprovemeasuresforgaugingprogramsuccess,inpartinresponsetotheGAO'sprevious reports.TheCommissionestablishedtwoperformancemeasuresfortheE-rateprograminan August2007Order:oneforInternetconnectivityandanotherforapplicationprocessing.12I 6 U.S.Dept.ofEducation,InstituteofEducationSciences,InternetAccessinU.S.PublicSchoolsandClassrooms: 1994-2005,4-5(2006),http://nces.ed.gov/pubs2007/2007020.pdf(NCESStudy). 7 Jd. at14,16. 8 InformationUseManagementandPolicyInstitute,CollegeofInformation,FloridaStateUniversity,Public LibrariesandtheInternet2006:StudyResultsandFindings,1(2006), http://www.ii.fsu.edu/projectFiles/plinternet/2006/2006_plinternet.pdf(FloridaStateStudy). 9 Federal-StateJointBoardonUniversalService,CCDocketNo.96-45,ReportandOrder,12FCCRcd8776, 9002,para.424(1997)(UniversalServiceFirstReportandOrder). 10 Federal-StateJointBoardonUniversalService,CCDocketNo.96-45,FifthOrderonReconsiderationand FourthReportandOrder,13FCCRcd14915,14938,para.36(1998);47C.F.R.�54.507(g). 11 UniversalServiceFirstReportandOrder,12FCCRcdat9049-50,paras.520-21. 12 ComprehensiveReviewoftheUniversalServiceFundManagement,Administrations,andOversight,Federal- StateJointBoardonUniversalService,SchoolsandLibrariesUniversalServiceSupportMechanism,RuralHealth CareSupportMechanism,LifelineandLink-Up,ChangestotheBoardofDirectorsoftheNationalExchange CarrierAssociation,WCDocketNo.05-195,CCDocketNo.96-45,CCDocketNo.02-6,WCDocketNo.02-60, - 89 - Page3-TheHonorableJoseph 1.Lieberman alsonotethattheCommissionhasestablishedmeasuresfortheUniversalServiceAdministrative Company(USAC)administrativetasksaspartofthememorandumofunderstandingbetweenthe CommissionandUSAC.13Thus,wedisagreewiththereport'sconclusionthattheCommission doesnothaveabasisonwhichtodeterminewhetherfundsdisbursedforPriorityIservicesare appropriate.Tothecontrary,webelievethefiguresabovedemonstratethattheprogramhasmet whatwasestablishedasitsinitialgoal.WealsodisagreewiththerepOli'sassertionthatthereis a"growingemphasis"onPriority1services.Weagreethattheamountoffundsactually disbursedforPriority1serviceshasincreasedinrecentyears,whilethedemandforPriority1 supporthasnotincreased.ThisdifferenceisaproductoftheCommission'spolicies-andthe implementationandoutreachofUSAC-designedtoimproveapplicants'successratein obtainingfundingforPriority1services.14Asthereportitselfnotes,applicantsplaceahigher priorityonreceivingfundingforPriority1services.! Still,giventhepaceatwhichsocietyandtedmologymovetoday,itisimportantto conductperiodicreviewsoftheCommission'sgoalstoexaminewhetherthosegoalsremain validorifadjustmentsarenecessary.TheCommissionhastakentheinitialactionsnecessaryto conductthisevaluationaspartofitsongoingcomprehensivereviewproceeding.16Specifically, initsAugust2008 NoticeofInquiry,theCommissionrequestedcommentonestablishingnew goals,bothshort-termandlong-term,fortheE-rateprogram.I?OncetheCommissionhas developedthesenewgoals,itwillreviseitspoliciesasnecessarytoachievethem,anddevelop performancemeasuresbywhichtodeterminerelativesuccess.Iwishtocaution,however,that performancemeasuresnotdirectlytiedtoresultsthattheprogramcanproducecouldbe distinctlyunhelpful.Forexample,itwouldbedifficulttodirectlyestablishtheeffectofE-rate fundsonstudentlearningbecausetherearesomanyvariablesinvolvedineducational achievement,suchascoursework,qualityofteaching,andparentalinfluence. TheGAO'ssecondrecommendationisthattheCommissionshouldreportannuallyinits performanceplanonreducingtheamountofE-ratefundingthatiscommittedbutnot WCDocketNo.03-109,CCDocketNo.97-21,ReportandOrder,22FCCRcd16372,16389-94,paras.38-49 (2007) (ComprehensiveReviewOrder). 13 SeeMemorandumofUnderstandingBetweentheFederalCommunicationsCommissionandtheUniversal ServiceAdministrativeCompany(Sept.9,2008),http://www.fcc.gov/omd/usac-mou.pdf(lastvisitedJune5,2009). 14 TheGAOnotesthatmorefundingforPriority1servicesisbeingdisbursedalthoughtherequesteddollaramounts havenotincreased. SeeGAOReportat13.TheCommissionispleasedthattheincreaseinPriority1fundingisa resultofapplicantsreceivingagreaterproportionoftheirrequestedfunding.GiventhattheCommissionhas determinedthatPriority1telecommunicationsandInternetaccessservicesarethemostcrucialtoschoolsand libraries,anincreaseinapplicants'successrateinreceivingthesefundsisapositivedevelopment. 15 GAOReportat15-17. 16 ComprehensiveReviewo/theUniversalServiceFundManagement,Administration,andOversight,WCDocket No.05-195,NoticeofProposedRulemakingandFurtherNoticeofProposedRulemaking,20FCCRcd11308 (2005) (ComprehensiveReviewNPRM);ComprehensiveReviewo/theUniversalServiceFundManagement, Administrations,andOversight,WCDocketNo.05-195,NoticeofInquiry,23FCCRcd13583(2008)(2008NOl).
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  • applicant employee with a role in the service provider selection process also has an ownership interest in the service provider seeking to participate in the competitive bidding process; and the applicant's FCC Form 470 does not describe the supported services with sufficient specificity to enable interested service providers 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. * *
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  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
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  • libraries discount matrix (i.e., schools and libraries eligible for a 90 percent discount). To the extent funds remain after discounts are awarded to entities eligible for a 90 percent discount, the rules provide that the Universal Service Administrative Company (USAC or the Administrator) shall continue to allocate funds for discounts to applicants at each descending single discount percentage. Further, section 54.507(g)(1)(iv) of the Commission's rules provides that if sufficient funds do not exist to grant all requests within a single discount percentage, the Administrator shall allocate the remaining support on a pro rata basis over that single discount percentage level. In a letter dated April 17, 2001, the Administrator notified the Common Carrier Bureau that the estimated demand for Funding Year
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  • including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A - FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart F - Universal Service Support for Schools and Libraries Section 54.507 is amended by revising paragraph (d) to read as follows: � 54.507 Cap. *** (d) Annual filing requirement. Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for
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  • service provider invoices for discounts. 47 U.S.C. � 254(h)(5)(E), (h)(6)(E). In particular, the timing requirement set forth in section 254(h)(5)(E) and 254(h)(6)(E) refers only to certifications under subparagraphs (B) and (C), and does not on its face refer to the certification required in section 254(h)(5)(A)(i)(II) and 254(h)(6)(A)(i)(II). 47 U.S.C. � 254(h)(5)(F)(i-ii), (h)(6)(F)(i-ii). 47 U.S.C. � 254(h)(5)(F)(iii), (h)(6)(F)(iii). 47 C.F.R. � 54.507. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 et. seq., has been amended by the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). See 5 U.S.C. � 603(a). See id. See Consolidated
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. SLD website, SLD President Announces First Funding Wave for Year 3, http://www.sl.universalservice.org/ whatsnew/042000.asp. 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that,
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  • support mechanism. The Commission stated that ``if the annual cap is not reached due to limited demand from eligible schools and libraries, the unspent funds will be available to support discounts for schools and libraries in subsequent years.'' Further, the Commission also stated that unused funds will be carried forward and added to the annual cap, if demand exists. Section 54.507(a) of the Commission's rules codifies the annual $2.25 billion cap on the schools and libraries support mechanism. Further, the rule provides that ``all funding authority for a given funding year that is unused in that funding year shall be carried forward into subsequent funding years for use in accordance with demand.'' The Commission's rules and policies provide additional guidance regarding
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  • a substantial percentage of lines in five years; (3) the indexed cap on the high-cost loop fund will limit excessive growth to a certain extent; (4) it may give incentive for incumbents to oppose competitive entry; and (5) it would be complex and administratively burdensome. See Rural Task Force Order, 16 FCC Rcd at 11325-11326, paras. 207-208. See 47 C.F.R. 54.507(b). See First Report and Order, 12 FCC Rcd at 8828-8830, paras. 94-96. First Report and Order, 12 FCC Rcd at 8829, para. 95. 47 U.S.C. � 214(e)(2). See, e.g., Letter from David Sieradzki, Competitive Universal Service Coalition to Marlene H. Dortch, Secretary, Federal Communications Commission, Ex Parte Notice, filed June 25, 2002 (arguing that states should be prohibited from imposing
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  • requested that others in the community be allowed to use these services for non-educational purposes. On December 3, 2001, the Commission granted the State of Alaska a limited waiver of section 54.504(b)(2)(ii) of the Commission's rules. In the Alaska Order, the Commission concluded that there is nothing in section 254(h)(1)(B) that prohibits the Commission from granting a waiver of section 54.507(b)(2)(ii) of its rules to expand the use of such services, so long as in the first instance they are used for educational purposes. The Commission further determined that based on the special circumstances outlined in Alaska's petition, there was good cause to waive section 54.504(b)(2)(ii) of the Commission's rules for rural remote communities in Alaska who lack local or toll-free
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  • the exercise of breaking out the cost of voice mail from a bundled price for telecommunications service. We believe this modification will further our goals of improving program operation, without increasing opportunities for waste, fraud, and abuse. Accordingly, we deem voice mail to be eligible for discounts under the schools and libraries universal service support mechanism and amend sections 54.503, 54.507, and 54.517 of our rules. We instruct USAC to process funding requests for voice mail services starting in Funding Year 2004 consistent with this Order. Computerized Eligible Service List We conclude that it would be beneficial to develop a process that would simplify applicants' selection of eligible services. The Commission currently directs the Administrator to determine whether particular services fall
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  • bidding requirements and entered into agreements for eligible services, the applicant must submit a completed FCC Form 471 application to the Administrator. The Commission's rules direct the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come, first-served basis. Applications that are filed outside of this window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that their applications are filed prior to the close of the filing window. In Funding Year 2001,
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  • 2003. IT IS FURTHER ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-54 and 254, and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that the Funding Year 2002 filing window deadline established by the Schools and Libraries Division of the Universal Service Administrative Company pursuant to section 54.507(c) of the Commission's rules IS WAIVED for the affected applicants listed in the Appendix of this Order, and the Schools and Libraries Division shall take the steps outlined above to effectuate this Order. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Requests Denied APPENDIX B Although the specific circumstances of each of the following applicants vary, the record reflects
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  • . 47 C.F.R. � 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). The FCC Form 471 notifies SLD of the services that have been ordered and indicates the amount of discounts sought. Id. 47 C.F.R. � 54.507(g). Universal Service Order, 12 FCC Rcd at 9029-30, para. 481. 47 C.F.R. � 54.504(a). See Winston-Salem FCC Form 470. See Winston-Salem FCC Form 470. See Winston-Salem FCC Form 470. Winston-Salem Request for Review at 12. Id. See Winston-Salem Request for Review at 12. See Winston-Salem Response to SLD Item 25 Selective Review. See generally Winston-Salem FCC Form 471 and attachments;
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  • We further amend our rules so that the Commission will carry forward available unused funds from prior years on an annual basis. We find that, in light of the high demand for discounts, such action is consistent with section 254 and the public interest, as well as the framework established in the Schools and Libraries Order. Accordingly, we amend section 54.507(a) of our rules, as provided in Appendix A. The Administrator shall continue to estimate unused funds as the difference between the amount of funds collected, or made available for that particular funding year, and the amount of funds disbursed or to be disbursed. We note that the Administrator already considers the remaining appeals for a funding year when identifying unused
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  • Commission adopted a rule to provide additional time for recipients under the Schools and Libraries Universal Service Support Mechanism (Support Mechanism) to implement contracts or agreements with service providers for non-recurring services. This action provides schools and libraries with more time to install non-recurring services, and thereby make greater use of their Universal Service discounts. Next, the Commission revised Section 54.507(a) of its Rules to provide that unused funds from the Support Mechanism may be applied to stabilize the amount of contributions to the Universal Service Fund for no more than the next three quarters, beginning with the third quarter of 2002. Thereafter, unused funds from the Support Mechanism will be carried forward for use in subsequent funding years of the
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  • this proposal. We also seek comment on whether sections 54.313(d)(1) and (2), which contain deadlines for the first and second program years, remain necessary. Because these provisions appear to have expired by their own terms, we propose to delete them. We seek comment on this proposal. Subpart F - Universal Service Support for Schools and Libraries. Certain provisions in section 54.507(b), particularly paragraphs (1) and (2) regarding funding year 1998-99, appear to have expired by their own terms. We believe, however, that this section may remain necessary to allow proper adjustment of certain prior funding commitments. We therefore propose to retain and update, rather than repeal, this section, and seek comment on this proposal. Subpart G - Universal Service Support for
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  • 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, at 26936-39 (2003) (Schools and Libraries Third Order or Schools and Libraries Second Further Notice). 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 Fourth Report and Order, 13 FCC Rcd 14915, 14938 para. 36 (1998) (Fifth Order on Reconsideration). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Order, FCC 99-291
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  • 02-6, 19 FCC Rcd 16013 (2004). After review of the record, the Commission released the final Funding Year 2005 Eligible Services List for Funding Year 2005. See Release of Funding Year 2005 Eligible Services List for Schools and Libraries Universal Service Support Mechanism, Public Notice, CC Docket No. 02-6, 19 FCC Rcd 20221 (2004) (``Eligible Services PN''). 47 C.F.R. � 54.507(a). See, e.g., Letter from George McDonald, Vice President, Schools and Libraries Division, USAC to Lisa Gelb, Deputy Chief, Wireline Competition Bureau, FCC (Apr. 15, 2005) (stating that USAC's estimate of demand for Schools and Libraries support mechanism for funding year 2005 is $3.65 billion). 47 C.F.R. � 54.505(b). 47 C.F.R. � 54.505(c). 47 U.S.C. � 254(h)(1)(B); 47 C.F.R. � 54.504.
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  • date that the Administrator begins to receive applications for support, and concludes on a date to be determined by the Administrator. In light of the extensive property damage, including damage to the telecommunications and information systems employed by participants in the schools and libraries universal service support mechanism, caused by Hurricane Katrina in the Gulf Coast states, we waive section 54.507(c) of our rules and re-open the Funding Year 2005 filing window for schools and libraries, and consortia of schools and libraries, that were directly or indirectly affected by Hurricane Katrina to the extent set forth in this Order. The filing window shall be open for sixty days following the date of release of this Order. By waiving section 54.507(c) of
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  • The funding amount also is unlikely to significantly increase in the future because the current list of eligible entirely rural areas is not likely to change''); May 8th Universal Service Order, 12 FCC Rcd at 9160, � 748 (finding that ``the limits on the number of hours and dollar cap per provider create economically reasonable mechanisms''). See 47 C.F.R. � 54.507(g) (establishing priority system for E-rate program applications). Based on our past experience and estimates of funding requests received under the current program for funding year 2006, we estimate that approximately $55-60 million will be available for this pilot program in 2006. Although this pilot program is limited to two years, we will continue to fund those applicants already accepted into
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  • not relieving Kan-ed of the obligation to obtain LOAs from its members, we are merely granting Kan-ed additional time in which to produce to USAC proof of its authority to apply on behalf of its members. We deny, however, Kan-ed's request to add members to Block 4 of its Funding Year 2006 FCC Form 471 throughout the funding year. Section 54.507(c) requires all applications to be submitted by a date determined by USAC. While we understand Kan-ed's desire to provide service to entities that decide to join its consortium during the funding year, we find that allowing Kan-ed an open-ended application may undermine the integrity of the E-rate application and disbursement process. In particular, we are concerned with the administrative burden
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  • 2006) (Louisiana Petition); Request to Extend the Temporary Universal Service Wireless Lifeline Program, CC Docket 96-45 (filed Feb. 24, 2006) (T-Mobile Petition). See Federal Emergency Management Administration, About Hurricane Katrina, at http://www.fema.gov/hazards/floods/recoverydata/katrina_about.shtm (updated Dec. 5, 2005). Hurricane Katrina Order, para. 2. Id. Id. paras. 9, 37. Id. para. 38. Id. E-rate Petition at 2-3. (last visited February 27, 2006). Section 54.507(c) of the Commission's rules provides that E-rate funding is available on a first-come-first-served basis for applications filed within the filing window established by the Universal Service Administrative Company (Administrator). 47 C.F.R. � 54.507(c). The Administrator determined to close the filing window for FY 2006 on February 16, 2006. Therefore, Petitioners seek an extension of the FY 2006 filing window to
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  • The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and libraries filings within that period as if their applications were simultaneously received. The Commission has vested in USAC the responsibility of
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  • mechanisms for rural carriers, including section 54.305, and to determine the appropriate rural mechanism to succeed the five-year plan adopted in the Rural Task Force Order. The Commission awaits the Joint Board's recommendation. We, therefore, decline to delete or modify section 54.305 as suggested by USTA at this time. Subpart F - Universal Service Support for Schools and Libraries. Sections 54.507(b)(1)-(2) define ``funding year'' for the first year of the schools and library program and ``funding year'' for the years following the first year of the schools and libraries program. In addition, section 54.507 describes funding for eligible, recurring and nonrecurring services and associated filing requirements. The Commission proposed that portions of section 54.507(b), which appear to have expired by their
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  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. � 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. � 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See
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  • Docket No. 96-45, 13 FCC Rcd 25058, 25067, para. 16 (1998); Request for Review by Brooklyn Public Library, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-149423, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 18598, 18602, n.23, 18607, n.46 (2000). See 47 C.F.R. � 54.507(g). 47 C.F.R. � 54.507(g)(1)(i). 47 C.F.R. � 54.507(g)(1)(ii). See, e.g., 47 C.F.R. � 54.507(g); Schools and Libraries News Brief (Jan. 19, 2007) < http://www.universalservice.org/sl/tools/news-briefs/preview.aspx?id=73> (retrieved Mar. 6, 2007) (announcing that there were insufficient funds for Funding Year 2005 to fund Priority Two services for applicants eligible for only 80 percent or lower discounts). See, e.g., Instructions for Completing the Schools
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  • 2; SECA Comments at 8. See 2006 Interim Contribution Methodology Order, 21 FCC Rcd at 7520, para. 3. 2006 Interim Contribution Methodology Order, 21 FCC Rcd at 7420, para. 3 (citing Telecommunications Industry Association, TIA's 2006 Telecommunications Market Review and Forecast, 71 (2006) (TIA 2006 Report)). Priority 1 services are telecommunications services, voice mail, and Internet access pursuant to section 54.507(g)(1)(i) of our rules. 47 U.S.C. � 254(h), 254(l). Congress included CIPA as part of the Consolidated Appropriations Act, 2001. Pub. L. No. 106-554 �� 1731 et seq. 47 U.S.C. � 254(h), 254(l). 47 U.S.C. � 254(h)(5)(A)(ii), 254(h)(6)(A)(ii). See 47 U.S.C. � 254(h)(5)(A)(ii), 254(h)(6)(A)(ii). See supra para. 11; 2008 ESL at 21. See CALEA First Report and Order, 20 FCC Rcd
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  • has already implemented caps on the schools and libraries and rural health care universal service mechanisms. Universal Service First Report and Order, 12 FCC Rcd at 9054, 9140, paras. 529, 704 (establishing a $2.25 billion annual cap for the schools and libraries mechanism and a $400 million annual cap for the rural health care mechanism); see also 47 C.F.R. �� 54.507(a), 54.623(a). 47 U.S.C. � 254(b)(5); see also Universal Service First Report and Order, 12 FCC Rcd at 9054, 9140, paras. 529, 704. Alenco Commc'ns, Inc. v. FCC, 201 F.3d 608, 620-21 (5th Cir. 2000) (Alenco). Alenco, 201 F.3d at 620. Qwest Commc'ns Int'l Inc. v. FCC, 398 F.3d 1222, 1234 (10th Cir. 2005). Pursuant to section 214(e)(5) of the Act,
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  • as amended, 47 U.S.C. �� 151-154, 201 through 205, 254, 303(r), and 403, this report and order IS ADOPTED. IT IS FURTHER ORDERED, that pursuant to the authority contained in sections 1 through 4, 201-205, 254, 303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154, 201 through 205, 254, 303(r), and 403, sections 54.503, 54.507, and 54.517 of the Commission's rules, 47 C.F.R. �� 54.503, 54.507 and 54.517, IS AMENDED as set forth in Appendix B, effective thirty (30) days after the publication of this report and order in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this report and
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  • for funding under the E-rate program on the grounds that they submitted their FCC Forms 471 after the relevant filing window deadline. Specifically, we grant 97 requests because we find that the petitioners either timely filed their FCC Forms 471 or the petitioners have demonstrated that special circumstances exist to justify a waiver of the filing deadline found in section 54.507(c) of the Commission's rules. Accordingly, we remand these underlying applications to USAC for further action consistent with this order. To ensure that these underlying applications are resolved expeditiously, we direct USAC to complete its review of each of these applications and issue an award or a denial based on a complete review and analysis no later than 90 calendar days
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  • Specifically, we proposed to add leased dark fiber to the ESL with the same conditions as when it was previously on the ESL. Id. at 6894, para. 54. 8 NBP at 237 (NBP Recommendation 11.17). 9 Id. at 153 (NBP Recommendation 8.20). 10 As explained herein, the E-rate program has been capped at $2.25 billion a year. 47 C.F.R. � 54.507(a). Requests for discounted amounts for E-rate services, however, have almost always exceeded that cap. Thus, the Commission has established a priority system for allocating E-rate funds to eligible services. 47 C.F.R. � 54.507(g)(1). All eligible requests for priority one services are funded first; any E-rate funds remaining are then used for priority two services, mainly internal connections, on a discount
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver of Sections 54.504(c), ) 54.504(f), 54.507(c), and 54.507(g) of the ) Commission's Rules ) ) State of Louisiana Department of Education ) File Nos. SLD-412169, 422313 Baton Rouge, LA ) ) Recovery School District ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) New Orleans Public Schools ) File Nos. SLD-412169, 422313, New Orleans, LA ) 585165, et al. ) Schools and
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  • LEC ETCs and competitive ETCs received $585 million of IAS and $1.62 billion of ICLS. 2009 Universal Service Monitoring Report, Table 3.1. The schools and libraries universal service funding mechanism (the E-rate program) is capped at $2.25 billion per funding year, and the rural health care support mechanism is capped at $400 million per funding year. See 47 C.F.R. �� 54.507(a), 54.623. The low-income support mechanism is not capped, and continues to grow, but grew by less than $240 million between 2001 and 2008. See 2009 Monitoring Report, Table 2.2. Although high-cost support is not subject to an overall cap, portions of the high-cost support mechanism, are subject to a cap or target. 47 C.F.R. � 54.305(e) (capping safety valve support
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  • money in their budget to pay for internal connections. And in any event, we are concerned that the same few schools continue to receive all of the available funding, year after year, while many schools that have nearly as many students in poverty receive no funding for internal connections. Set Aside for Internal Connections. We seek comment on revising section 54.507 of our rules to set aside a defined amount of funding from the $2.25 billion fund for internal connections before priority one funding is allocated. We seek comment on an appropriate amount to set aside for internal connections. For instance, would $500 million be an appropriate amount to set aside for internal connections? Depending on the amount set aside, it
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  • absolve schools and libraries of their obligation to adhere to the Children's Internet Protection Act (CIPA) requirements when they use that service to obtain Internet service or access to the Internet.'' We revise the last part of that sentence to read: ``. . . when they use USF funding to 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.''
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  • change their service provider when that change is allowed under its state and local procurement rules and under the terms of the contract between the applicant and its original service provider, and the applicant has notified its original service provider of its intent to change service providers). In such cases, applicants should file an FCC Form 500. 47 C.F.R. � 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and ``Item 21'' attachments. (last viewed Apr. 12, 2011). (last viewed Apr. 12, 2011). Note that, currently, USAC will decline to post an FCC Form 470 when it finds that the Form 470 fails to meet the minimum processing standards as due
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  • para. 42. (last visited Jan. 12, 2012). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order, 19 FCC Rcd 15808, 15816, para. 24 (2004) (Schools and Libraries Fifth Report and Order). Id. The E-rate funding year starts on July 1 and ends on June 30 of the next calendar year. See 47 C.F.R. � 54.507(b). See id. � 54.507(d); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510, 13512, para. 7 (2001) (Permanent Extension Order). See 47 C.F.R. � 54.507(d); Permanent Extension Order, 16 FCC Rcd at 13513, para. 12. See, e.g., 47 C.F.R. � 54.702(g) (requiring USAC to file information annually regarding ``administrative action
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 APPENDIX B - Final Rules AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.wp
  • providers. Among other things, the September 10 Public Notice sought comment 4 on whether a "window" period or a series of "window" periods should be established that would give equal priority to all schools, libraries, and rural health care applicants filing for funds within Federal Communications Commission FCC 97-380 Id. 5 Universal Service Order at para. 535; 47 C.F.R. � 54.507(c) (stating that "[f]unds shall be available to fund 6 discounts for eligible schools and libraries and consortia or such eligible entities on a first-come-first-served basis . . . "); 47 C.F.R. � 54.623 (first-come-first-served rule for rural health care providers). See, e.g., Alaska at 1-2; Anchorage School Dist. at 1; DataCast at 1; Great City Schools Council at 2; Kansas
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • rules, once there is only $250 million available to be committed in a 149 given funding year to schools and libraries, only those schools and libraries that are most economically disadvantaged and have not yet received discounts from the universal service mechanism in the previous year would be granted guaranteed funds, until the cap is reached. See 47 C.F.R. � 54.507(f). 35 service support they should receive for services rendered and on which schools, libraries, and rural health care providers confirm that they have received such services; (5) submitting all quarterly projections of demand and their own administrative expenses to the Commission; (6) informing USAC, based on the information contained in the bills for services provided, of the amount of universal
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • the date that the Schools and Libraries Corporation and the Health Care Corporation begin to receive applications for support. We also conclude that the administrative corporations will determine the length of the window and resolve other administrative issues necessary to implement our decision to adopt a window filing period consistent with our guidance set forth below. Therefore, we amend sections 54.507(e) and 54.623(c) of our rules to implement this change. In addition, we delegate authority to the Chief, Common Carrier Bureau to resolve unanticipated technical and operational issues relating to the new universal service mechanisms that may arise in the future. 2. In the Universal Service Order, we concluded that the Administrator would commit funds to applicants on a first-come first-served
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.wp
  • Quarter 1998 Universal Service Contribution Factors Revised and Approved Public Notice. _______________________________________________________________ Rule Changes Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: Part 54 -- UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: Authority: 47 USC Secs. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 54.507 Cap. 2. Section 54.507 is amended by revising the second sentence of paragraph (a) to read as follows: (a) * * * First, no more than $625 million shall be collected or spent for the funding period from January 1, 1998 through June 30, 1998. * * * * * * * * 54.623 Cap. 3. Section 54.623 is amended
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
  • at 9054-56, 9140-41. 9 nonrecurring rather than recurring costs.25 Moreover, installation of internal connections frequently requires that the projects be timed to occur during periods when school is out of session and students are not present in instructional buildings. Thus, the installation of internal wiring might be completed in stages during winter and summer vacation periods. Accordingly, we amend section 54.507(b) of our rules, as provided in Appendix A. 14. The transition to a fiscal year funding cycle adopted herein requires that we reconsider on our own motion the limitation on the exemption from competitive bidding for voluntary extensions of contracts. Our rules currently provide that voluntary extensions of existing contracts are not exempt from the competitive bidding rules.26 In order
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.wp
  • 30, 1999. Id. The Fifth Reconsideration Order also established new rules to govern how funding will take place in situations where available funding is less than total demand; see n.3, supra. The rules of priority provide that requests for telecommunications services and Internet access for all discount categories shall receive first priority for the available funds. See 47 C.F.R. � 54.507(g)(1)(i). 15 This increase reflected the extension of the first funding year from 12 months to 18 months; see n. 14, supra. 16 Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 3. 17 Fifth Reconsideration Order, 13 FCC Rcd at 14938, paras. 3, 37-8. 18 Fifth Reconsideration Order, 13 FCC Rcd at 14928, para. 19. See also Universal Service Order,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; Performance of outreach and education functions; Review of bills for services that are submitted by schools and libraries; Monitoring demand for the purpose of determining when the $2 billion trigger has been reached; 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
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp
  • to the initial window filing periods by October 31, 1997 and, to facilitate notification to the public, directed the Common Carrier Bureau to issue a public notice announcing the Corporations' decisions. 2. As of October 31, 1997 both the Schools and Libraries Corporation and the Health Care Corporation have adopted a filing window of 75 days. Therefore, consistent with sections 54.507(c) and 54.623(c) of the Commission's rules, all requests for support filed pursuant to a signed contract and received by the Schools and Libraries Corporation within 75 days of the day the Schools and Libraries Corporation begins to receive requests will be treated as if they were simultaneously received. Likewise, all such requests from health care providers received within 75 days
• http://transition.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613.html
  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commissions Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
• http://transition.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613a.html
  • items scheduled for consideration at the June 13, 2002, Open Meeting and previously listed in [4]the Commissions Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE : Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY : The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- The summaries listed in this notice are intended for the use of the public attending open Commission meetings. Information not summarized may also be considered at such meetings. Consequently these summaries should not be interpreted to limit the Commission's authority to consider any relevant information. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.doc
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp
  • 96-45, at par. 37. 6. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 7. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 8. Eighth Order on Reconsideration in CC Docket No. 96-45, at par. 64. 9. 47 CFR 54.507(g)(1)(ii). 10. 47 CFR 54.507(g)(1)(iii). 11. National Overview: Wave VII. 12. Fourth Report and Order, CC Docket No. 96-45, at par. 35. References 1. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt 2. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp 3. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf 4. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_1_ 5. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_2_ 6. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_3_ 7. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_4_ 8. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_5_ 9. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_6_ 10. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_7_ 11. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_8_ 12. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_9_ 13. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_10_ 14. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_11_ 15. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_12_
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See
• 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
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 APPENDIX B - Final Rules AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/cor97380.wp
  • providers. Among other things, the September 10 Public Notice sought comment 4 on whether a "window" period or a series of "window" periods should be established that would give equal priority to all schools, libraries, and rural health care applicants filing for funds within Federal Communications Commission FCC 97-380 Id. 5 Universal Service Order at para. 535; 47 C.F.R. � 54.507(c) (stating that "[f]unds shall be available to fund 6 discounts for eligible schools and libraries and consortia or such eligible entities on a first-come-first-served basis . . . "); 47 C.F.R. � 54.623 (first-come-first-served rule for rural health care providers). See, e.g., Alaska at 1-2; Anchorage School Dist. at 1; DataCast at 1; Great City Schools Council at 2; Kansas
• 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
  • rules, once there is only $250 million available to be committed in a 149 given funding year to schools and libraries, only those schools and libraries that are most economically disadvantaged and have not yet received discounts from the universal service mechanism in the previous year would be granted guaranteed funds, until the cap is reached. See 47 C.F.R. � 54.507(f). 35 service support they should receive for services rendered and on which schools, libraries, and rural health care providers confirm that they have received such services; (5) submitting all quarterly projections of demand and their own administrative expenses to the Commission; (6) informing USAC, based on the information contained in the bills for services provided, of the amount of universal
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • the date that the Schools and Libraries Corporation and the Health Care Corporation begin to receive applications for support. We also conclude that the administrative corporations will determine the length of the window and resolve other administrative issues necessary to implement our decision to adopt a window filing period consistent with our guidance set forth below. Therefore, we amend sections 54.507(e) and 54.623(c) of our rules to implement this change. In addition, we delegate authority to the Chief, Common Carrier Bureau to resolve unanticipated technical and operational issues relating to the new universal service mechanisms that may arise in the future. 2. In the Universal Service Order, we concluded that the Administrator would commit funds to applicants on a first-come first-served
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.wp
  • Quarter 1998 Universal Service Contribution Factors Revised and Approved Public Notice. _______________________________________________________________ Rule Changes Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: Part 54 -- UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: Authority: 47 USC Secs. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 54.507 Cap. 2. Section 54.507 is amended by revising the second sentence of paragraph (a) to read as follows: (a) * * * First, no more than $625 million shall be collected or spent for the funding period from January 1, 1998 through June 30, 1998. * * * * * * * * 54.623 Cap. 3. Section 54.623 is amended
• 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
  • at 9054-56, 9140-41. 9 nonrecurring rather than recurring costs.25 Moreover, installation of internal connections frequently requires that the projects be timed to occur during periods when school is out of session and students are not present in instructional buildings. Thus, the installation of internal wiring might be completed in stages during winter and summer vacation periods. Accordingly, we amend section 54.507(b) of our rules, as provided in Appendix A. 14. The transition to a fiscal year funding cycle adopted herein requires that we reconsider on our own motion the limitation on the exemption from competitive bidding for voluntary extensions of contracts. Our rules currently provide that voluntary extensions of existing contracts are not exempt from the competitive bidding rules.26 In order
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992036.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992036.txt
  • Commission's Tenth Reconsideration Order in this docket, extending the previous deadline of June 30, 1999. In this Order, we conclude that SMBSD has failed to demonstrate particular facts or special circumstances warranting a deviation from the general rule established in the Tenth Reconsideration Order. Accordingly, we deny SMBSD's petition for a waiver of the September 30, 1999, deadline. BACKGROUND Section 54.507(d) of the Commission's rules requires schools and libraries ``to file new funding requests for each funding year.'' Section 54.507(e) limits the availability of discounts for a long-term contract covering eligible services to the funding year for which discounts are sought. Moreover, section 54.507(b) states that, for the 1998-1999 funding year, ``[s]chools and libraries filing applications within the initial 75-day filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992037.txt
  • 1999. In this order, we conclude that MVCSD has demonstrated particular facts and special circumstances sufficient to warrant a departure from the general rule established in the Tenth Reconsideration Order. Accordingly, we grant MVCSD's petition to waive the September 30, 1999, deadline and, as requested by MVCSD, we extend the deadline by 30 days to October 30, 1999. BACKGROUND Section 54.507(d) of the Commission's rules requires schools and libraries ``to file new funding requests for each funding year.'' Section 54.507(e) limits the availability of discounts for a long-term contract covering eligible services to the funding year for which discounts are sought. Moreover, section 54.507(b) states that, for the 1998-1999 funding year, ``[s]chools and libraries filing applications within the initial 75-day filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992537.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992537.txt
  • presence of additional, peripheral WAN functionality in the router, which is not being used, does not render the router ineligible for funding as a part of wide area network facilities. As such, we conclude that White Sulphur Springs is entitled to discounts for this service. To the extent necessary to effectuate the decision above, we grant a waiver of section 54.507(b)(2) of the Commission's rules. This rule provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the appeal filed by White Sulphur Springs School District on April 22,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992798.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992798.txt
  • question Empire's status as a common carrier. Under these circumstances, we remand Joplin's application to SLD for further consideration of the question of whether Empire is a "telecommunications carrier" and whether it qualified as such during the period of time that corresponds to Joplin's instant funding request. 8. To the extent necessary to effectuate the decision above, we waive section 54.507(b)(2) of the Commission's rules. This rule section provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. 9. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91. 0.291, and 54.722(a), that the Letter of Appeal filed by Joplin R8 School District
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.txt
  • site was an inadvertent error. We, therefore, remand Simpson County's application to SLD and direct SLD to reprocess this application and issue a new Funding Commitment Letter based on the facts in the record and any further consultations with the applicant that may be necessary. To the extent necessary to effectuate the decision above, we grant a waiver of section 54.507(b) of the Commission's rules. This rule provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 54.722(a), that the appeal filed by Simpson County School District, Mendenhall, Mississippi, filed June
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
  • non-compliance with the 28 day posting requirement set forth in 47 C.F.R. � 54.504(b)(4), we believe that a waiver of that requirement is warranted. Under these circumstances, we remand Runnemede's application to SLD for reprocessing and the issuance of an appropriate Funding Commitment Letter. To effectuate the decision above, we recognize that it may be necessary also to waive section 54.507 of the Commission's rules. This rule section provides that schools and libraries may receive discounts on nonrecurring services only through September 30, 1999. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. �� 0.91. 0.291, and 54.722(a), that the appeal filed by Runnemede Public Schools, Runnemede, New Jersey on
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.txt
  • for rehearing and rehearing en banc denied, (Sept. 28, 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests for each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99121.wp
  • 30, 1999. Id. The Fifth Reconsideration Order also established new rules to govern how funding will take place in situations where available funding is less than total demand; see n.3, supra. The rules of priority provide that requests for telecommunications services and Internet access for all discount categories shall receive first priority for the available funds. See 47 C.F.R. � 54.507(g)(1)(i). 15 This increase reflected the extension of the first funding year from 12 months to 18 months; see n. 14, supra. 16 Fifth Reconsideration Order, 13 FCC Rcd at 14916, para. 3. 17 Fifth Reconsideration Order, 13 FCC Rcd at 14938, paras. 3, 37-8. 18 Fifth Reconsideration Order, 13 FCC Rcd at 14928, para. 19. See also Universal Service Order,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99292.doc
  • sections 54.504(a) and 54.504(c) of the Commission's rules. Second, certain commitments were issued contrary to Commission rules regarding funding priority. The funding priority rules were established to ensure that the neediest schools and libraries received priority for discounts on internal connections. For the first year of the mechanism, USAC determined, based on the discount funding priority rule found in section 54.507(g)(1)(iii) of the Commission's rules, and an estimate of available funds, that only those schools and libraries eligible for discounts of 70 percent or more would be eligible for discounts on internal connections. USAC discovered that it committed funding to underwrite discounts for internal connections for some institutions with a discount eligibility of less than 70 percent. Finally, in addition to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.txt
  • phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. �� 54.504, 54.511. Pre-existing contracts, as defined by Commission rules, are exempt from the competitive bidding requirements. 47 C.F.R. � 54.511(c). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). Federal Communications Commission DA 00-19 Federal Communications Commission DA 00-19 t u @& �|� ! 1 A Q a q � ` � � � � � � �0� �0� �0� �0� �0� �0� �0� �`� �0�
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000704.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000704.txt
  • action on the request filed by Franklin County Schools, Carnesville, Georgia, on December 30, 1999 IS EXTENDED BY sixty days, pursuant to section 54.724 of the Commission's rules, 47 C.F.R. � 54.724. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Alicia A. Frey, Franklin County Schools, to Federal Communications Commission, filed December 30, 1999. Section 54.507(b)(2) of the Commission's rules requires that all non-recurring services requested for year one be received by September 30, 1999. 47 C.F.R. � 54.507(b)(2). Section 54.724 of the Commission's rules, 47 C.F.R. � 54.724, requires that requests for review of an Administrator's decision must be resolved within ninety days unless the time period is extended. Federal Communications Commission DA 00-704 �
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  • Council v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds), petitions for cert. pending. See also Federal-State Joint Board on Universal Service, CC-Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, par. 9 (1998) (Fifth Reconsideration Order); 47 C.F.R. � 54.507(d) (requiring schools and libraries ``to file new funding requests each funding year''); and 47 C.F.R. � 54.507(e) (limiting the availability of discounts for a contract covering eligible services to the pro rata portion of the contract scheduled for delivery during the funding year for which discounts are sought). Universal Service Order, 12 FCC Rcd at 9057, para. 535, and 9134,
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  • Bureau Letter from John Quirk, Archbishop Quigley Preparatory Seminary, to Federal Communications Commission, filed on April 1, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Bureau Letter from Gary Nuhn, Atlanta C-3 School District, to Federal Communications Commission, filed on May 18, 1999 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Ken Clark, Bonner Springs Unified School District #204, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). Section 54.719 (c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719 (c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 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
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  • Federal Communications Commission, filed February 14, 2000 (Letter of Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ralph Weinberg, Arizona Call-A-Teen Center, issued January 31, 2000; Letter from Schools and Libraries Division to Ralph Weinberg, Arizona Call-A-Teen Center, issued July 8, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920-23, paras. 6-14 (1998) (Fifth Reconsideration Order). Fifth Reconsideration Order, 13 FCC Rcd at 14920, para. 8. 47 C.F.R. � 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information
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  • 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 submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In its Request for Waiver and accompanying materials, Council Bluffs indicates that it filed its FCC Form 470 on February 6, 1998. On March 20, 1998, Council Bluffs,
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  • 25, 2000 (Letter of Appeal). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joe Gann, Franklin County Public Schools, issued January 31, 2000 (SLD Appeal Determination Letter); Letter from Schools and Libraries Division to Joe Gann, Franklin County Public Schools, issued July 8, 1999 (Funding Commitment Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). In submitting its FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002084.doc
  • that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. The applicant requests support for services ordered by submitting an FCC Form 471, which must bear an original signature of a person authorized to submit the form on behalf of the applicant. Applications filed during the filing window prescribed in section 54.507(c) of the Commission's rules are deemed simultaneously filed and are prioritized according to the rules set forth in section 54.507(g) of the Commission's rules. The filing window for the 1998-99 funding year (Year 1) opened on January 30, 1998, and closed on April 15, 1998. Cordova filed an FCC Form 471 requesting support for discounted services in Year 1 on
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  • rules and procedures. By entering into an agreement prior to the allowable contract date established by SLD, Sackets Harbor failed to comply with the Commission's competitive bidding requirement. We conclude, moreover, that Sackets Harbor has not presented adequate grounds for grant of a waiver of the 28-day posting requirement. We granted waivers of the 28-day posting requirement and/or the section 54.507(g) filing window deadline in two cases where posting delays caused the waiting period to extend past the filing window deadline, and the applicants, upon discovering the delays, contacted SLD to determine how to proceed. In contrast, SLD's posting delay in this case did not cause Sackets Harbor's waiting period to extend past the filing window deadline of April 6, 1999.
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  • Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9062, para. 544 (1997) (Universal Service Order) (subsequent history omitted). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14921, para. 9 (1998) (Fifth Reconsideration Order). See also 47 C.F.R. � 54.507(d), (e). In the Tenth Reconsideration Order, the Commission extended the Year 1 deadline for schools and libraries to use their discounts on non-recurring services from June 30, 1999 to September 30, 1999. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983 (1999) (Tenth Reconsideration Order). The initial Year 2 deadline was
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  • USAC estimates, however, that more than $562.5 million may need to be disbursed in the second quarter of 2000 due to the lag between the collection of funds and their ultimate disbursement during Year 2. Given that total funding will be at or below the annual cap and that disbursements have lagged behind commitments for Year 2, we waive section 54.507(a) of the Commission's rules to enable USAC to make disbursements in excess of $562.5 million for the schools and libraries support mechanism in the second quarter of 2000. It is therefore ORDERED, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and section 1.3 of the Commission's rules, 47 C.F.R. � 1.3, that
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  • Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; Performance of outreach and education functions; Review of bills for services that are submitted by schools and libraries; Monitoring demand for the purpose of determining when the $2 billion trigger has been reached; 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
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  • applicants who had 27 or fewer funding requests (FRNs) to complete before the filing window closed, based upon its initial estimate of how many funding requests could be entered in the time period in which the server failed. II. DISCUSSION In this Order, we waive on our own motion the filing window deadline established by the Administrator pursuant to section 54.507(c) of our rules, for certain applicants for universal service support for schools and libraries for the July 1, 2000 - June 30, 2001 funding year. The Commission may waive any provision of its rules on its own motion and for good cause shown. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest.
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  • matter of fundamental fairness, therefore, we are compelled to take action to restore the affected applicants to the position they would have been in but for the evidence of possible irregularities by Mastermind uncovered by the Administrator. In this Order, therefore, we waive on our own motion the Year 3 filing window deadline established by the Administrator pursuant to section 54.507(c) of our rules, for certain applicants, listed in Appendix A, infra, for universal service support for schools and libraries for the July 1, 2000 - June 30, 2001 funding year. The Commission may waive any provision of its rules on its own motion and for good cause shown. A rule may be waived where the particular facts make strict compliance
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  • Rcd 3416 (Common Carrier Bur. 1999). We note that, in certain situations, we would consider a date-stamped postal return receipt to be persuasive evidence that a communication had in fact been received by SLD. The Commission has established rules of priority for the distribution of support when total demand exceeds total support available for the funding year. See 47 C.F.R. 54.507(g). (continued....) Federal Communications Commission DA 01-65 Federal Communications Commission DA 01-65 [ \ � @& �0� �0� �0� �0� �0� �0� ��� ]
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  • Pioneerland Library System, to Schools and Libraries Division, Universal Service Administrative Company, dated February 16, 1999. See Letter of the Schools and Libraries Division, Universal Administrative Company, to Beth Lunn, Pioneerland Library System, dated May 14, 1999 (Administrator's Decision on Appeal). Under the Commission's rules, the application period for each funding year begins with a filing window. 47 C.F.R. � 54.507(c). All applications filed during this window are deemed simultaneously filed for funding priority purposes. 47 C.F.R. � 54.507(c). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for the available funding while requests for installation of internal connections and
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  • Directors of the National Exchange Carrier Association, Inc, File No. SLD-113262, CC Dockets No. 96-45 and 97-21, DA 00-1517, Order, para. 7 (Com. Car. Bur. rel. July 10, 2000). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �� 54.504 et seq. Federal Communications Commission DA 01-506 Federal Communications Commission DA 01-xxx F F � � � �
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  • Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). See SLD Letter of Appeal at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. In re Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4707-08, para. 22 (1991) (citing Office of Personnel Management v. Richmond, 497 U.S. 1046 (1990)). A person relying on informal advice given by staff does so at his
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  • Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (December 1998) at pp. 5-6 (Form 471 Instructions). The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. See note 12. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01- 525 Federal Communications Commission DA 01-525 � � �� �@��� @& �0� �0� �0� �0� �0� �0� ��� �
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  • remote access, such access must only be from sites for which services would be eligible for discount under the program. See November 9, 1999, Request for Review at 1. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-585 -585 \ ] � 9 � � �
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  • reviews the FCC Form 471 and is responsible for determining whether the discounts sought by applicants are eligible for funding. Request for Review at 2-4. The supporting documentation indicates that the cost of the 5-year warranty for the main library (Copley Square) that is the subject of this funding request is $10,696. See BPL Summary Cost Response. 47 C.F.R. � 54.507(e). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal
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  • Cook, Schools and Libraries Division, Universal Service Administrative Company, dated August 9, 1999, at 2-4 (listing proposed services from Bellsouth, including ineligible voicemail and phonesets). See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. (continued....) Federal Communications Commission DA 01-652 Federal Communications Commission DA 01-XXX � � � � �@��� � @& �0� �0� �0� �0� �0� �0� ��� �
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  • Appeal at 1. Request for Review at 2. Id. at 5. Id. at 6-7. Request for Review, attachments. , dated March 27, 1998. See Request for Review at 7. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Assistance is available to applicants from many sources, including SLD's website. 47 C.F.R. �54.504 et seq. Federal Communications Commission DA 01-653 s t � � � � �
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  • Letter from Jean Reicks, St. John the Baptist School, to Federal Communications Commission, filed on May 23, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). Letter of the Schools and Libraries Division of the Universal Service Administrative Company to Jean Reicks, St. John the Baptist School, dated May 5, 2000 (Funding Commitment Decision Letter). The "30 percent policy" is not a Commission rule, but rather is an SLD operating procedure established pursuant to FCC policy. See
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  • and Libraries Division, Universal Service Administrative Co., to John Ardoin, St. Landry Parish School Board, filed March 1, 2000, at 1 (Administrator's Decision on SPIN Change). Id. Request for Review at 2. FCC Forms 471 received during the filing window receive priority for support as compared to applicants that file their applications after the window has closed. 47 C.F.R. � 54.507(g). Request for Review at 2. FCC Form 471, St. Landry Parish School District, filed March 26, 1999, at 2. Request for Review at 2. Request for Review at 2. Copan Order, 15 FCC Rcd 5498, � 6. 47 C.F.R. � 54.504(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 17 (Oct.
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  • 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 signing and submitting an FCC Form 471, which requests support for eligible services. SLD reviews the FCC Forms 471 that it receives and issues funding commitment decisions in accordance with the Commission's rules. Section 54.507(g) of the Commission's rules provides, inter alia, that applicants filing applications during a filing window receive priority for support as compared to applicants that file their applications after the window has closed. In Funding Year 2, the filing window for priority funding closed on April 6, 1999. The Commission's rules also provide that applicants filing outside the established window will
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  • action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order). See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
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  • at 1. Request for Review. We note that SLD has no record of receipt of the revised list Delano states that it sent to SLD. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). See Request for Review of the Decision of the Universal Service Administrative Company by Ubly Community Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, DA 00-1517 (Common Carrier Bur. rel. July 10, 2000); Request for Review of the Decision of the
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  • Review). See Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Richard M. Beaudoin, Old Town School Department, issued May 5, 2000 (Administrator's Decision on Appeal); See Letter from Schools and Libraries Division to Richard M. Beaudoin, Old Town School Department, issued October 5, 1999 (Funding Commitment Decision Letter). 47 C.F.R. �� 54.402, 54.503. 47 C.F.R. � 54.507(d). 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). > (SLD Program Description) (providing overall description of SLD application process, including description of the Form 471 Receipt Acknowledgement Letter). See id. See Funding Commitment Decision Letter. Letter from Richard M. Beaudoin, Old Town School Department, to Schools and Libraries Division, Universal Service Administrative Co., filed November 1, 1999 (Appeal to
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  • prepared and thereafter attempted to file the forms. We have reviewed the record before us and conclude that Homer has not demonstrated a reasonable basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. By filing late, Homer ran the risk of not receiving any funding. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. While the school may employ consultants to assist it, the school ultimately bears the responsibility of completing
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  • reviewed the record before us and conclude that ICS has not demonstrated a sufficient basis for waiving the Commission's rules. Waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. ICS is subject to the funding priorities set forth in section 54.507(c) of the Commission's rules which states that funds will be available on a first-come-first-served basis. In requesting funds from the schools and libraries universal service support mechanism, the applicant has certain responsibilities. The applicant bears the burden of getting its forms and other information to SLD for processing within the established deadline if the applicant wishes to be considered with
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Seward Community Library, filed January 14, 2000. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Linville, Seward Community Library, dated August 4, 2000
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011251.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011251.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.txt
  • 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011329.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011329.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rule states that funds will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window for
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011358.txt
  • and 54.722(a), that the Request for Review filed by Dallas Independent School District on February, 12, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ruben Bohuchot, Dallas Independent School District, to Federal Communications Commission, filed February 12, 2001 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011360.txt
  • Common Carrier Bureau Letter from Diane McCord, Madison District Schools, to Federal Communications Commission, filed February 13, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g)(1)(iii); 47 C.F.R. � 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078, para. 575 (1997) (Universal Service Order), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. The application window
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011504.txt
  • an original signature certification. Id. Letter from Bruce Watson, Fair Lawn Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, dated February 22, 2000 (SLD Appeal). Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Fair Lawn Public Schools, dated June 8, 2000. Request for Waiver supra note 1, at 1. 47 C.F.R. � 54.507(c). 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 897 F.2d at 1159 (stating that the Commission may take
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.txt
  • April 25, 1997. These dates are established by copies of the three service agreements between Bell Atlantic and Altoona included in the record. Under the Commission's rules, funds available for discounted services are provided on a first-come-first-served basis, but applications filed within an initial filing period (the filing window) are treated as if they were received simultaneously. 47 C.F.R. � 54.507(c). In Funding Year 1, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window (which closed on April 15, 1998) received funding. See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011508.txt
  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. FCC Form 471, Connect2 Internet Networks, Inc., filed January 19, 2000. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Grannum, Epiphany Lutheran School, dated September
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.txt
  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. Marshall requests a
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011514.txt
  • Division, Universal Services Administrative Company, to Karen Aeppli, Santa Anna Unified School District, dated March 2, 2001 (Administrator's Decision on Appeal), at 1. Request for Review at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). 01-1514 01-1514 4 5 ' `` �
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. By letter dated
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011558.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011558.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rule Making and Order, FCC 01-143, n. 13 (rel. April 30, 2001) (Further Notice of Proposed Rulemaking).. FCC Form 471, Southeastern Ohio Voluntary Education Cooperative, filed January 18 (SEOVEC Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011819.txt
  • Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915 (1998) (Fifth Order on Reconsideration). 47 C.F.R. �� 54.502, 54.503. The annual cap on federal universal service support for schools and libraries is $2.25 billion per 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011820.txt
  • Egg Harbor City Public Schools, Egg Harbor City, New Jersey, issued January 29, 2001 (Administrator's Decision on Appeal). 47 C.F.R. �� 54.502, 54.503. See Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, 13 FCC Rcd 14915, 14934 at para. 31 (1998) (Fifth Reconsideration Order) See 47 C.F.R. � 54.507(g)(1)(i). The annual cap on federal universal service support for schools and libraries is $2.25 billion per funding 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.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011825.txt
  • (January 1-December 31), and therefore it could have requested funding for the entire year. See Universal Service Order, 12 FCC Rcd at 9057, para. 535. See Request for Review. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. �� 54.504(c), 54.507(c). Federal Communications Commission DA 01-1825 � � *  `` 0UU
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011877.txt
  • See Letter of Appeal of Fort Wayne Community School District to Federal Communications Commission, filed July 1, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. � 54.719(c). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.507(g). See Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket No. 96-45, Fifth Order on Reconsideration and 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011881.txt
  • Chapel Hill Independent School District, to Federal Communications Commission, filed July 17, 2000 (Request for Waiver); see also Letter from Rita Simpson, Chapel Hill Independent School District, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Chapel Hill Independent School District, filed January 14, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011898.txt
  • Henry-Senachwine Community Unit District 5, to Federal Communications Commission, filed June 23, 2000 (Request for Waiver); see also Letter from Beverly Privratsky, Henry-Senachwine Community Unit District 5, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Funding Year 2 FCC Form 471, Henry-Senachwine Community Unit District 5, filed January 15, 2000. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Year 3 Form 471). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Year 2 Form 471). Letter from Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.txt
  • the applicant has entered an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.txt
  • applicant has entered into an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Commission's rules allow the Administrator to implement an initial filing period (``filing window'') for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. It is to all applicants' advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. In Funding Year
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012016.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See Waiver Request. See id; Letter from Deborah Brush,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.txt
  • IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012022.txt
  • Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c); 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. � 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.txt
  • C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). In Funding Year 3, applicants that filed their FCC Form 471s electronically were required to submit the signed Block 6 certifications separately, no later than January 31, 2000. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012024.txt
  • 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >>. 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie Marker, dated February 2, 2001. See FCC Forms
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.txt
  • 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012027.txt
  • 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour past the 11:59 p.m. close of the filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.txt
  • 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA 01-2063 Federal Communications Commission DA 01-2063 E F
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  • request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. � 1.3. 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional applications. The re-opened window closed on March 31,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.txt
  • County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } � =�6�
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.txt
  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >>. The filing window deadline for certifications for Funding Year 3 was originally January 26, 2000, but on January 25, 2000, SLD extended the deadline for submission of certifications to January 31, 2000. Id. Waiver Request; Letter from Cheryl Bjoin, Watonwan County Library, to Schools and Libraries Division, Universal Service Administrative Company, filed March 13,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
  • 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries Division, Universal Service Administrative Company, to David Jobe,
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  • from the Commission. 47 C.F.R. � 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ludy Pinero, Asociacion de Educacion Privada de Puerto Rico, San Juan, Puerto Rico, dated March 22, 2001 (Funding Year 4 Form 471 Rejection Letter). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(c). See 47 C.F.R. � 54.507(c); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058 (1998). .
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012292.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012292.txt
  • Application Three satisfied the Commission's competitive bidding requirement, it was not eligible for in-window funding priority. NYMA filed Application Three on February 28, 2000. In Funding Year 3, the filing window for applications closed on January 19, 2000. Since Application Three was filed after this filing window deadline, the application was subject to separate funding priorities under Commission rules. Section 54.507(c) of the Commission's rules states that fund discounts will be available for out-of-window applications on a first-come-first-served basis. In Funding Year 3, because demand for discounted services exceeded the available funding, no applications for discounted services filed outside the filing window received funding. Accordingly, we conclude that it was appropriate for SLD to determine that the funding requests in Application
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.txt
  • 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. >. FCC Form 470, Bear Lake County Public Library, Montpelier, Idaho, filed December 28, 1999. FCC Form 471, Bear Lake County Public Library, Montpelier, Idaho, filed January 28, 2000. Waiver Request. Waiver Request. >. Id. FCC Form 471, Bear Lake County Library District, Montpelier, Idaho, filed January 28, 2000. Northeast Cellular Telephone Co. v. FCC,
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  • 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to
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  • March 23, 2001 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. �� 54.504(b)(1), (b)(3). 47 C.F.R. �� 54.504(b)(3) and (4); � 54.511. 47 C.F.R. � 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC Form 471. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dominic Butler, Montville Township School District, dated April 14, 2000 (Funding Commitment Decision Letter). Letter from Dominic J. Butler, Montville Township Public Schools, filed
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  • Letter from Robert Woods, Elkhart Community Schools, to Federal Communications Commission, filed July 10, 2000 (Request for Review); see also Letter from Robert Woods, Elkhart Community Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 16, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). FCC Form 471, Elkhart Community Schools, filed January 18, 1999. See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 3 Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (Funding Year 2 Form 471). Letter from Schools and Libraries Division, Universal
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  • from Raymond Hryczyk, Garfield School District, to Federal Communications Commission, filed April 17, 2000 (Request for Waiver); see also Letter from Raymond Hryczyk, Garfield School District, to Schools and Libraries Division, Universal Service Administrative Company, filed March 27, 2000 (SLD Appeal). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504 (b)(1), (b)(3). 47 C.F.R. � 54.504(c). Id. 47 C.F.R. � 54.507(c). >. Waiver Request. Id. Id. Id. 47 C.F.R. � 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) (WAIT Radio). Northeast Cellular, 897 F.2d at 1166. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio, 418 F.2d at 1159
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  • light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. �� 54.502, 54.503. 47 C.F.R. � 54.504(b)(1), (b)(3). 47 C.F.R. � 54.504(b)(3), (4); � 54.511. 47 C.F.R. � 54.504(c). 47 C.F.R. � 54.507(c). 47 C.F.R. � 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. � 54.504(b)(3), (4); � 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W. Jensen Library, dated December 19, 2000. Waiver Request.
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  • example, the applicant; the individual entities (i.e., particular schools and libraries) that will be receiving services; the vendors; key terms of contracts between vendors and the applicant, including pricing and length of contract; and which entities will be receiving what services included in the application. The Commission's rules establish a window to be determined by SLD. See 47 C.F.R. � 54.507(c). Commission rules also establish funding priorities for those requests filed during the window. See 47 C.F.R. � 54.507(g). See SLD website, SLD Announces Availability of New Forms, http://www.sl.universalservice.org/whatsnew/ 101999.asp. SLD website, SLD President Announces First Funding Wave for Year 3, http://www.sl.universalservice.org/ whatsnew/042000.asp. 47 C.F.R. � 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.txt
  • 47 U.S.C. � 254(h)(5)(E), (6)(E). Notice at para. 4. See, e.g., Library Network Comments at 1; North Carolina Comments at 2. We caution entities that because October 28, 2001 falls on a Sunday, any certifications postmarked on Monday, October 29, 2001 will be untimely. See, e.g., CoSN/ISTE Comments at 11-12. See ALA Comments at 2-4. See, e.g., 47 C.F.R. � 54.507 (defining ``funding year'' for purposes of the annual program cap); Federal-State Joint Board on Universal Service, Docket No. 96-45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14920, para. 8 (1998) (Fifth Order on Reconsideration)(changing the funding year for the schools and libraries universal service support mechanism from a calendar year cycle (January 1 -
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  • including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A - FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart F - Universal Service Support for Schools and Libraries Section 54.507 is amended by revising paragraph (d) to read as follows: � 54.507 Cap. *** (d) Annual filing requirement. Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for
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  • any such window should remain open and as to whether there should be a "rolling" or ongoing series of windows, e.g., a series of two-week windows during which all beneficiaries filing within that two-week period would be given equal priority. 2) Whether to clarify that the rules of priority for distributing funds to schools and libraries set forth in section 54.507 of the Commission's rules, 47 C.F.R. 54.507, apply to the $1 billion available between January 1, 1998 through June 30, 1998. That is, if expenditures between January 1, 1998 and June 30, 1998 reach the level where only $250 million remains before the $1 billion cap is reached, the remaining funds will be distributed in accordance with the rules of
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972349.wp
  • to the initial window filing periods by October 31, 1997 and, to facilitate notification to the public, directed the Common Carrier Bureau to issue a public notice announcing the Corporations' decisions. 2. As of October 31, 1997 both the Schools and Libraries Corporation and the Health Care Corporation have adopted a filing window of 75 days. Therefore, consistent with sections 54.507(c) and 54.623(c) of the Commission's rules, all requests for support filed pursuant to a signed contract and received by the Schools and Libraries Corporation within 75 days of the day the Schools and Libraries Corporation begins to receive requests will be treated as if they were simultaneously received. Likewise, all such requests from health care providers received within 75 days
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da992780.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da992780.txt
  • 4. Federal Universal Service Programs Revisions to Contribution Base and Program Demand for the First Quarter of 2000 at 4. Federal Universal Service Programs Fund Size Projections & Contribution Base For the First Quarter 2000 at 20; Federal Universal Service Programs Revisions to Contribution Base and Program Demand for the First Quarter of 2000 at 4. See 47 C.F.R. � 54.507; Proposed First Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, FCC 98-318 (rel. Dec. 4, 1998) (Proposed First Quarter 1999 Universal Service Contribution Factors). Proposed First Quarter 1999 Universal Service Contribution Factors, FCC 98-318 at 3. Proposed First Quarter 1999 Universal Service Contribution Factors, FCC 98-318 at 4. Federal Universal Service Programs Fund
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000517.doc
  • schools and libraries support funds, or $57.250 million, against demand for that quarter. See Proposed First Quarter 2000 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 99-2780 (rel. Dec. 10, 1999). This yields a difference of approximately $201.75 million in estimated remaining unused funds. See USAC Filing for Second Quarter 2000 at 27. See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001272.doc
  • Adjusting for these offsets, USAC estimates that there will be $340.31 million in unused Year 1 funds. See USAC Filing for Third Quarter 2000 at 29-30. See Federal Universal Service Programs Fund Size Projections & Contribution Base For the Second Quarter 2000 at 27 (filed by USAC Feb. 1, 2000) (USAC Filing for Second Quarter 2000). See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002065.doc
  • and libraries balance to offset projected expenses in the third quarter of 2000). Adjusting for these offsets, USAC estimates that the schools and libraries program will have a total balance of $169.534 million in unused Year 1 funds. See USAC Filing for Fourth Quarter 2000 at 29-30. See USAC Filing for Second Quarter 2000 at 27. See 47 C.F.R. � 54.507. Specifically, at the end of the fourth quarter of 1998, the rural health care program had a balance of approximately $86 million because collections accrued faster than actual demand for program support. To ensure that unused collections were credited back to contributors, the Commission directed that the unused balance be applied over two quarters to reduce the contribution factors. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.txt
  • set aside to: (a) fund the Commission's waiver of the September 30, 1999, Year 1 implementation deadline for certain classes of schools and libraries applicants; and, (b) provide contingency funding for Year 1 appeals pending before the Commission. See USAC Filing for First Quarter 2001 at 28. See USAC Filing for First Quarter 2001 at 22. See 47 C.F.R. � 54.507. See also Proposed Fourth Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, DA 00-2065 at 2-3 (rel. Sept. 8, 2000). See USAC Filing for First Quarter 2001 at 29-30. The revenues on which contributions are assessed in the first quarter of 2001 are the revenues reported on the September 2000 Worksheet for the
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-4.pdf
  • the number of applicants and recipients, and the number of appeals regarding decisions and procedures. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-4.pdf
  • of both the number of applicants and recipients, and the number of appeals regarding decisions. Frequently, the total amount of funding requested exceeds the $2.25 billion cap. Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total requests exceed total support 1 47 C.F.R. �54.507(a). 2 The posted forms can be viewed at www.sl.universalservice.org. 4 - 2 available in that funding year, SLD will: (1) calculate the requests for telecommunications services and Internet access for all discount categories (these services receive first priority for funding), (2) allocate the remaining funds to the requests for support for internal connections, beginning with the most disadvantaged schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs00-0.pdf
  • sets of revenues. In light of the court decision, all of the Universal Service Mechanisms are now based on interstate end-user revenue. Interstate end-user revenue includes most international service end- user revenue. Excluded are revenues from calls that both originate and terminate in foreign points, through reducing future fund factors to account for the unused revenue. See 47 CFR � 54.507. 4 Proposed Fourth Quarter 2000 Universal Service Contribution Factor. CC Docket No. 96-45, DA 00-2065. 5 Thus, the Schools and Libraries contribution factor was multiplied by intrastate, interstate and international end-user revenue. 1 - 5 and international revenue from carriers whose interstate end-user revenue represents 8% or less of their combined interstate and international end-user revenue. Because all Universal Service
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • 30, 2000. Similarly, the third funding period ran from July 1, 2000 through June 30, 2001, with subsequent funding periods running from July 1 to June 30 of the following calendar year. 1 Schools and libraries may not receive discounts for items such as asbestos removal, teacher training, telephone handsets, personal computers, fax machines, or modems. 2 47 C.F.R. � 54.507 (a). 3 The posted FCC Forms 470 can be viewed at . In limited situations, applicants with contracts that predate July 10, 1997 are not required to post an FCC Form 470. 4 Ninth Order on Reconsideration, 14 FCC Rcd 377 (1998), paras. 1 and 6. 4 - 2 In the first funding period, requests exceeded available funding, so the
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • the applicant. The Commission has established rules governing funding commitments in situations where the amount of requests exceeds available funding. The rules are designed to ensure that schools and libraries receive discounts for telecommunications services and Internet access services before internal connections, and that the neediest schools and libraries then receive funding priority for internal connections. 1 47 C.F.R. � 54.507(a). 2 The posted FCC Forms 470 can be viewed at . In limited situations, applicants with contracts that predate July 10, 1997 are not required to post an FCC Form 470. 4 - 2 Under the Commission's rules of priority, when the filing window closes, the Administrator will calculate total requests for support submitted during that filing window. If total
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613.html
  • 81-86 GHz and 92-95 GHz Bands; and Loea Communications Corporation Petition for Rulemaking (RM-10288). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning service rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz. 6 WIRELINE COMPETITION TITLE: Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY: The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. 7 WIRELINE COMPETITION AND OFFICE OF ENGINEERING AND TECHNOLOGY TITLE: Telecommunications Service Priority Program Report. SUMMARY: The Commissions Wireline Competition Bureau and Office of Engineering & Technology and the National Communications System will report on the Telecommunications Service Priority program and related outreach efforts. Additional information concerning this meeting may be
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2002/ag020613a.html
  • items scheduled for consideration at the June 13, 2002, Open Meeting and previously listed in [4]the Commissions Notice of June 6, 2002. This item has been adopted by the Commission. ITEM NO. BUREAU SUBJECT 6 WIRELINE COMPETITION TITLE : Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6). SUMMARY : The Commission will consider an Order modifying section 54.507(a) of its rules as it pertains to unused funding. -FCC- The summaries listed in this notice are intended for the use of the public attending open Commission meetings. Information not summarized may also be considered at such meetings. Consequently these summaries should not be interpreted to limit the Commission's authority to consider any relevant information. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-223368A1.doc
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000811.html
  • BUREAU GRNATS CONSENT TO ASSIGN F BLOCK BROADBAND PCS LICENSES.Contact Rita Cookmeyer or Yolanda Lee 202-418-0660. (DA No. 00-1845). Internet URL: [14]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001845.do c ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- EDUMASTER.NET, DBA MASTERMIND LEARNING CENTER, OR MASTERMIND INTERNET SERVICES. Waived the Year 3 filing window deadline established by the Schools and Libraries Division of the Universal Service Administrative Company pursuant to section 54.507(c) of the Commission's rules is the affected applicants listened in Appendix A of this Order, and the Schools and Libraries Division shall take the steps outlined above to effectuate this Order. Dkt No.: CC-96-45. Action by the Commission. Adopted: July 21, 2000. by Order. (FCC No. 00-260). CCB Internet URL: [15]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00260.doc CHILDREN'S HOME OF BURLINGTON COUNTY NEWTOWN, PENNSYLVANIA. Dismissed the
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090721.html
  • Reply Comments Due: 09/04/2009. WCB . Contact: Romanda Williams at (202) 418-7400, TTY: (202) 418-0484 [29]DA-09-1558A1.doc [30]DA-09-1558A1.pdf [31]DA-09-1558A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- LETTER FROM COMMISSIONER MCDOWELL TO CHAIRMAN GENACHOWSKI REGARDING FCC REFORM by LETTER. CMMR [32]DOC-292122A1.pdf [33]DOC-292122A1.txt LETTER FROM CHAIRMAN GENACHOWSKI RESPONDING TO COMMISSIONER MCDOWELL'S LETTER ON FCC REFORM by LETTER. OCH [34]DOC-292121A1.pdf [35]DOC-292121A1.txt REQUEST FOR WAIVER OF SECTION 54.507 OF THE COMMISSION'S RULES AND REVIEW OF A DECISION OF THE UNIVERSAL SERVICE ADMINISTRATOR BY MINFORD LOCAL SCHOOLS, MINFORD, OH. Granted the request for waiver of Minford Local Schools of the FCC Form 471 application filing window deadline for funding year 2008 under the schools and libraries universal service support mechanism, also known as the E-rate program. (Dkt No. 02-6
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100521.html
  • the Commission. Adopted: 05/20/2010 by ORDER. (FCC No. 10-84). WCB [184]FCC-10-84A1.doc [185]FCC-10-84A1.pdf [186]FCC-10-84A1.txt SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM NATIONAL BROADBAND PLAN FOR OUR FUTURE. New broadband-enabled learning opportunities envisioned in proposed E-Rate updates. (Dkt No. 02-6 09-51 ). Action by: the Commission. Adopted: 05/20/2010 by NPRM. (FCC No. 10-83). WCB [187]FCC-10-83A1.doc [188]FCC-10-83A1.pdf [189]FCC-10-83A1.txt REQUEST FOR WAIVER OF SECTION 54.507(D) OF THE COMMISSION'S RULES HARVEST PREPARATORY SCHOOL YUMA, ARIZONA SCHOOLS AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM. Granted the request for waiver. (Dkt No. 02-6 ). Action by: Chief, Wireline Competition Bureau. Adopted: 05/20/2010 by ORDER. (DA No. 10-886). WCB [190]DA-10-886A1.doc [191]DA-10-886A1.pdf [192]DA-10-886A1.txt REQUEST FOR REVIEW OF A DECISION OF THE UNIVERSAL SERVICE ADMINISTRATOR BY EXPANETS OF NORTH AMERICA ENGLEWOOD, COLORADO
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd110511.html
  • 418-2622, email: Kenneth.Lewis@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165 [58]DA-11-854A1.doc [59]DA-11-854A1.pdf [60]DA-11-854A1.txt ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- PREPARED REMARKS OF CHAIRMAN JULIUS GENACHOWSKI, FEDERAL COMMUNICATIONS COMMISSION, PERSONAL LOCALIZED ALERTING NETWORK LAUNCH EVENT, NEW YORK, NY. OCHJG [61]DOC-306425A1.doc [62]DOC-306425A1.pdf [63]DOC-306425A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- SACRED HEART SCHOOL, SHAWANO, WISCONSIN, SCHOOL AND LIBRARIES UNIVERSAL SERVICE SUPPORT MECHANISM. Waived sections 54.507(c) and 54.720(c) of the Commission's rules. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 05/10/2011 by ORDER. (DA No. 11-820). WCB [64]DA-11-820A1.doc [65]DA-11-820A1.pdf [66]DA-11-820A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306444A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306444A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306445A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306445A1.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306414A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306414A2.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306413A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306413A2.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306416A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306416A1.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306422A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306422A1.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306423A1.pdf 14.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120216.html
  • PROTECTION ACT OF 1991. FCC Adopts Rules To Strengthen Consumer Protections Against Unwanted Telemarketing "Robocalls" To Wireline And Wireless Phones. (Dkt No. 02-278 ). Action by: the Commission. Adopted: 02/15/2012 by R&O. (FCC No. 12-21). CGB [75]FCC-12-21A1.doc [76]FCC-12-21A2.doc [77]FCC-12-21A3.doc [78]FCC-12-21A4.doc [79]FCC-12-21A1.pdf [80]FCC-12-21A2.pdf [81]FCC-12-21A3.pdf [82]FCC-12-21A4.pdf [83]FCC-12-21A1.txt [84]FCC-12-21A2.txt [85]FCC-12-21A3.txt [86]FCC-12-21A4.txt LONEMAN DAY SCHOOL, OGALA, SOUTH DAKOTA. Granted Loneman's request and waived Section 54.507(d) of the Commission's rules. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division,Wireline Competition Bureau. Adopted: 02/15/2012 by ORDER. (DA No. 12-85). WCB [87]DA-12-85A1.doc [88]DA-12-85A1.pdf [89]DA-12-85A1.txt MARANA UNIFIED SCHOOL DISTRICT, MARANA, ARIZONA. Denied the requests for review. (Dkt No. 02-6 ). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 02/15/2012 by ORDER. (DA
• http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.pdf http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.txt
  • communities. Now is not the time to shortchange our children's future. I hope that, in the Order, my colleagues will vote with me to affirm full funding for this program. We need to make sure that the end result of this proceeding is to improve the program for our communities and our schools. They deserve no less. _____________________ ^147 C.F.R. 54.507(a). ^2Congressional Budget Office, Federal Subsidies of Advanced Telecommunications for Schools, Libraries, and Health Care Providers, January 1998. References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html#fn1 4. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc202.html#fn2
• 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
  • 96-45, at par. 37. 6. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 7. Letter from Lisa Zaina, Acting Deputy Chief of the Common Carrier Bureau to Kate Moore, dated Jan. 22, 1999. 8. Eighth Order on Reconsideration in CC Docket No. 96-45, at par. 64. 9. 47 CFR 54.507(g)(1)(ii). 10. 47 CFR 54.507(g)(1)(iii). 11. National Overview: Wave VII. 12. Fourth Report and Order, CC Docket No. 96-45, at par. 35. References 1. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.txt 2. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.wp 3. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.pdf 4. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_1_ 5. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_2_ 6. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_3_ 7. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_4_ 8. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_5_ 9. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_6_ 10. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_7_ 11. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_8_ 12. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_9_ 13. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_10_ 14. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_11_ 15. http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr905.html#N_12_
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2005archive.html
  • Eligible Services List.[22]Word | [23]Acrobat * Order.: In this order, Grants a request for waiver by Removable Media Solutions, Inc. (RMSI), a service provider filing on behalf of Shiprock Alternative High School (Shiprock), Flagstaff, Arizona. An invoice submitted by RMSI was denied funding by USAC because the installation of non-recurring services took place after the implementation deadline established under Section 54.507(d) of the Commissions rules. Because the implementation delay was due to factors outside of RMSIs control, we find that the public interest is served by waiving the Commissions rules and extending the implementation deadline for RMSI, consistent with the Commissions rules which permit extensions in such circumstances under Section 54.507(d)(3). Also, we note for your information that a representative from
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commissions rules states, in pertinent part, that "all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap." Released on June 11, 2007. CC Docket No. 02-6. (DA 07-2470)
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under section 254(d), the Commission can exempt carriers from universal service contribution requirements if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
  • Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries via the schools and libraries universal service mechanism. Section 54.507(a)(2) of the Commissions rules states, in pertinent part, that "all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap." 6/11/07. [223]Word | [224]Acrobat| [225]Text 6/4/07 Order: On May 21, 2007,
• http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
  • Houston ISD sought a request for an extension of the September 30, 2004 deadline for installation of non-recurring services. The Schools and Libraries Division (SLD) denied its request, noting that that Houston ISD's request for an extension did not satisfy the requirement that the delay be due to "reasons beyond the service provider's control" as provided in 47 C.F.R. Section 54.507(d). We conclude, however, that section 54.507(d)(4) of the Commission's rules entitles Houston to an extension of the implementation deadline because funding disbursements were delayed while USAC investigated their application for program compliance. We therefore grant Houston's Request for Review, and extend the implementation deadline by two years, to September 30, 2006. DA 05-2833 DA 05-2833 [163]Word | [164]Acrobat 7/27/05 West
• http://www.fcc.gov/wcb/tapd/universal_service/schoolsandlibs.html
  • Instructions: [403]Word | [404]Acrobat 7/1/10 Integrity Communications,Ltd., Corpus Christi, TX: Denied Integrity's petition for reconsideration of a Bureau order (DA 09-1946, rel. Aug. 28, 2009) that upheld USAC's audit finding that Integrity violated E-rate rules. DA 10-1244 Order: [405]Word | [406]Acrobat 7/1/10 Carryover of Unused Schools and Libraries Universal Service Funds for Funding Yr 2010: Announced that, pursuant to section 54.507(a)(2) of the Commissions rules, $900 million in unused funds will be carried forward from Funding Years 2002 and 2005 through 2008 to increase the disbursements to schools and libraries in Funding Year 2010. DA 10-1243 Public Notice: [407]Word | [408]Acrobat 6/9/10 Comment Deadlines for the E-rate Broadband NPRM, the E-Rate ESL NPRM, and the Draft FY 2011 ESL: Comments are
• http://www.fcc.gov/wcb/tapd/universal_service/welcome.html
  • filed by Data Research Corporation (DRC) requesting that the Commission direct USAC to process certain funding requests under the E-rate program for funding year 2001 and grants DRCs request to withdraw its petition for reconsideration of a Commission order. Order: [1048]Word | [1049]PDF 7/1/2010 Carryover of Unused Schools and Libraries Universal Service Funds Public Notice: Announced that, pursuant to section 54.507(a)(2) of the Commissions rules, $900 million in unused funds will be carried forward from Funding Years 2002 and 2005 through 2008 to increase the disbursements to schools and libraries in Funding Year 2010. Public Notice: [1050]Word | [1051]PDF 7/1/2010 Integrity Communications, Ltd Order: Denied Integrity's petition for reconsideration of a Bureau order (DA 09-1946, rel. Aug. 28, 2009) that upheld