FCC Web Documents citing 54.508

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

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  • Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Hamilton, Mariposa County Unified School District, dated October 2001 (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.508. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Susan Golder, Mariposa County Unified School District, dated July 23, 2001 (Funding Commitment Decision Letter). See Letter from Jeffrey Hamilton, Mariposa County Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed August 6, 2001. Request for Review. Id. Id. . Federal Communications Commission DA 05-162
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  • aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maxter E. Allen, Anson County School District, dated February 10, 2006 (re: Funding Request Number 1317636) (USAC Decision on Appeal). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeff Tice, Hickory City School District, dated June 22, 2004 (FCDL). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gregg Sinders, Jennings County Schools, dated Jan. 20, 2006 (USAC Decision on Appeal). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • the State of Maine had [USAC] asked.'' The District provided a copy of its approved technology plan for FY 2005 with its appeal to USAC and with its appeal to the Commission. III. DISCUSSION Based on the specific facts presented here, we grant the District's Request for Review. We find that the District satisfied our requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. We note that USAC reduced the District's E-rate funding not because the District failed to develop and obtain approval of a technology plan, but because the District provided USAC with a copy of the wrong technology plan. This error resulted from a miscommunication between USAC and the District.
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  • of this Order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's rules,
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  • 02-6 Release Date: April 25, 2007 Comment Date: May 10, 2007 Reply Comment Date: May 25, 2007 The Wireline Competition Bureau (Bureau) seeks comment on a petition filed by the State E-rate Coordinators Alliance (SECA) for clarification and/or waiver of E-rate rules concerning technology plan creation and approval under the schools and libraries universal service support mechanism. Pursuant to section 54.508(c) of the Commission's rules, applicants whose technology plans have not been approved when they file the FCC Form 470 must certify that they understand that their technology plans must be approved prior to the commencement of service. SECA seeks clarification of the Commission's technology plan requirements with regard to the level of technology planning required before an applicant posts its
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  • 54.514(b). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. § 54.504(h). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. § 54.508(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ä ( ) < E  š ã ä ì � ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò; Wh� ðX,†aXÞÌÐy¹]\\.W`hÊööva6l! �v"]­VßatÿãäääåË-``````°"m(c)x<ž¼G¼<æææž={-N§•J%tŒ<== ¤"""x Ò�� î ÃÈ(c)Òáá!Š¢'' ¤R)&Ö ƒA·Û "ƒõ¹\Îív`` � 6› ·Û t t t t u = [
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  • n. 1. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii). Request for Review of the Decision of the Universal Service Administrator by Academy of Excellence, et al., File Nos. SLD-261209, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 8722 (2007) (Academy of Excellence Order). See 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). Specifically, during selective review, applicants must be able to demonstrate that they have secured access to all of the resources necessary to make effective use of the products and services for
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  • Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. § 54.507(b). 47 C.F.R. §§ 54.501-503. 47 C.F.R. §§ 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. § 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the
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  • not be warranted. This letter addresses all of the outstanding issues on which USAC has sought formal guidance from the Commission. Please let me know if you have any questions. Sincerely, Dana R. Shaffer Chief Wireline Competition Bureau Table C Policy Issues Issue Relevant Rule Guidance 1. Technology Plan Deficiency - applicant's technology plan did not have all five criteria. 54.508(a), stating the required elements of a technology plan. Recover. 2. CIPA certification violations - applicant did not comply with all CIPA requirements. 54.520(c)(1), stating the certifications required by 47 CFR § 254(h) and (l). Recover generally; however, certain situations may not warrant recovery. See letter. 3. Services delivered to an entity that was not approved to receive the service on
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  • Federal-State Joint Board on Universal Service, Petition of the Puerto Rico Department of Education to Release Funds Associated with the Schools and Libraries Universal Service Support Mechanism for Years 2001 and 2002, CC Docket No. 02-6, Order, 18 FCC Rcd 25417 (2003) (Puerto Rico Order). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). See, e.g., 47 C.F.R. § 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended to prevent waste, fraud, and abuse''); Puerto Rico Order, 18 FCC Rcd at 25422, para.
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  • release date of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that former sections that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority in sections 0.91, 0.291, and 54.722(a)
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  • formally known as the schools and libraries universal service support program). In each decision, USAC found that the applicants violated the E-rate program technology plan rules. Based on our review of the record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive
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  • relevant contribution factor.'' See 47 C.F.R § 54.505. See 47 C.F.R. § 54.501(d). See 47 C.F.R. § 54.501. For example, an Educational Service Agency, which may operate owned or leased instructional facilities, may be eligible for S&L support if it provides elementary or secondary education as defined in state law. Pub. L. 104-208, 110 Stat. 3009. See 47 C.F.R. § 54.508. The state is the certified technology plan approver for libraries and public schools. Non-public schools and other entities that do not secure approval of their technology plan from their states may locate a USAC-certified technology plan approver from USAC. Applicants that seek S&L Program support only for basic telephone service do not need a technology plan. A new AForm 470
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  • sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt will be made by this service provider to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. 4. Part 54, Subpart F is further amended by adding new section 54.508 to read as follows: 54.508 Technology plans (a) Contents. The technology plans referred to in this subpart must include the following five elements: (i) A clear statement of goals and a realistic strategy for using telecommunications and information technology to improve education or library services; (ii) A professional development strategy to ensure that the staff understands how to use these
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  • the Petitioners as listed in the Appendix ARE GRANTED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, that the applications associated with the Requests for Review or Waiver filed by the
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  • 23 (2006) (Bishop Perry Order). Nothing in this order is intended to authorize or require payment of any claim that has previously been released by a service provider or applicant, including in a civil settlement or criminal plea agreement with the United States. See 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.504 (b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). See 47 C.F.R. § 54.504 (b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), Item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, Errata, CC Docket
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  • added by the bill''). See On-Tech Consulting, Inc. Comments at 3; see also 2008 On-Tech Consulting Inc. Comments at 3 (noting that Congress clearly indicated that content filtering is a necessary part of data distribution for a school or library). See, e.g., 2008 ESL at 11. See Council of the Great City Schools Comments at 5. 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), 54.508; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9077, para. 572 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. § 54.504(b)(2)(iv); 2008 ESL at 3-4; see also Request for Review of the Decision of the Universal Service Administrator by United Talmudical Academy, Federal-State Joint Board on Universal Service, Changes to
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  • herein; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471) (requiring applicants to certify in Block 6 that they have secured access to all of the resources necessary to use the services purchased effectively). 50See Appendix, A, 47 C.F.R. § 54.503(c)(2)(vii), (c)(2)(vi) as amended herein; see also 47 C.F.R. § 54.508(a). 51 For purposes of the E-rate program, we will consider Indefeasible Rights of Use (IRU) purchase arrangements as a lease of dark fiber. To the extent an IRU contract contains significant upfront charges, and consistent with our existing requirements regarding upfront costs associated with the purchase of telecommunications services, applicants must amortize upfront, non-recurring charges where the upfront charges "vastly
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  • that schools will calculate discounts on supported services by using the average discount rate for the entire school district rather than the weighted average for each school building. Finally, we propose to adopt a new definition of ``rural area'' for the purpose of determining whether an E-rate applicant qualifies for the rural discount. Technology Plans We propose to amend section 54.508 of our rules to eliminate E-rate technology plan requirements for priority one applicants that otherwise are subject to state and local technology planning requirements. We seek comment on this proposal. The provision of priority one services (i.e., telecommunications services and Internet access) is fairly straightforward for many applicants and, therefore, a technology plan for these services may represent an unnecessarily
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2006archive.html
  • service provider. Released on August 18, 2006. CC Docket No. 02-6. (DA 06-1655) DA 06-1655 [62]Word | [63]Acrobat 8/18/06 School Administrative District 67 (Mattanawcook): In this Order, the Wireline Competition Bureau grants the School Administrative District 67 (Mattanawcook) request for review of USAC's decision to reduce its E-rate funding, finding that the District satisfied the requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. However, USAC reduced the District's E-rate funding because the District Provided USAC with a copy of the wrong technology plan. Released on August 18, 2006. CC Docket No. 02-6. (DA 06-1653) DA 06-1653 [64]Word | [65]Acrobat 8/15/06 Providence Public School District: In this Order, the Wireline Competition Bureau
• http://www.fcc.gov/wcb/tapd/universal_service/appeals.html
  • the signature date did not accompany the signatures of the applicant and service provider. DA 06-1655 DA 06-1655 [109]Word | [110]Acrobat 08/18/06 School Administrative District 67 (Mattanawcook), Lincoln, Maine: In this order, Wireline Competition Bureau grants the District's request for review of USAC's decision to reduce its E-rate funding, finding that the District satisfied the requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. However, USAC reduced the District's E-rate funding because the District Provided USAC with a copy of the wrong technology plan. DA 06-1653 DA 06-1653 [111]Word | [112]Acrobat 08/15/06 Providence Public School District, Providence, Rhode Island: In this order, Wireline Competition Bureau grants the request for review filed by
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  • Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeffrey Hamilton, Mariposa County Unified School District, dated October 2001 (Administrator's Decision on Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.508. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Susan Golder, Mariposa County Unified School District, dated July 23, 2001 (Funding Commitment Decision Letter). See Letter from Jeffrey Hamilton, Mariposa County Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed August 6, 2001. Request for Review. Id. Id. . Federal Communications Commission DA 05-162
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  • aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Maxter E. Allen, Anson County School District, dated February 10, 2006 (re: Funding Request Number 1317636) (USAC Decision on Appeal). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jeff Tice, Hickory City School District, dated June 22, 2004 (FCDL). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Gregg Sinders, Jennings County Schools, dated Jan. 20, 2006 (USAC Decision on Appeal). 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.508(a)(3), (4). See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
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  • the State of Maine had [USAC] asked.'' The District provided a copy of its approved technology plan for FY 2005 with its appeal to USAC and with its appeal to the Commission. III. DISCUSSION Based on the specific facts presented here, we grant the District's Request for Review. We find that the District satisfied our requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. We note that USAC reduced the District's E-rate funding not because the District failed to develop and obtain approval of a technology plan, but because the District provided USAC with a copy of the wrong technology plan. This error resulted from a miscommunication between USAC and the District.
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  • of this Order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority delegated in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority delegated in sections 0.91 and 0.291 of the Commission's rules,
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  • 02-6 Release Date: April 25, 2007 Comment Date: May 10, 2007 Reply Comment Date: May 25, 2007 The Wireline Competition Bureau (Bureau) seeks comment on a petition filed by the State E-rate Coordinators Alliance (SECA) for clarification and/or waiver of E-rate rules concerning technology plan creation and approval under the schools and libraries universal service support mechanism. Pursuant to section 54.508(c) of the Commission's rules, applicants whose technology plans have not been approved when they file the FCC Form 470 must certify that they understand that their technology plans must be approved prior to the commencement of service. SECA seeks clarification of the Commission's technology plan requirements with regard to the level of technology planning required before an applicant posts its
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  • 54.514(b). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. § 54.504(h). See In the Matter of Schools and Libraries Universal Service Support Mechanism, CC Docket 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004); 47 C.F.R. § 54.508(c). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ä ( ) < E  š ã ä ì � ÿ‰PNG r v ‡ƒ"rÕ9 I'6› Ãd³Y›Í†aX Ëåò; Wh� ðX,†aXÞÌÐy¹]\\.W`hÊööva6l! �v"]­VßatÿãäääåË-``````°"m(c)x<ž¼G¼<æææž={-N§•J%tŒ<== ¤"""x Ò�� î ÃÈ(c)Òáá!Š¢'' ¤R)&Ö ƒA·Û "ƒõ¹\Îív`` � 6› ·Û t t t t u = [
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  • n. 1. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii). Request for Review of the Decision of the Universal Service Administrator by Academy of Excellence, et al., File Nos. SLD-261209, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 8722 (2007) (Academy of Excellence Order). See 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). Specifically, during selective review, applicants must be able to demonstrate that they have secured access to all of the resources necessary to make effective use of the products and services for
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  • Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). E-rate funding years start July 1 and run through June 30 of the following year. See 47 C.F.R. § 54.507(b). 47 C.F.R. §§ 54.501-503. 47 C.F.R. §§ 54.504(b)(2)(iii), 54.504(c)(1)(iv), 54.508. See 47 C.F.R. § 54.504; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) at 17 (FCC Form 471 Instructions) (stating that applicants may not seek support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the
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  • not be warranted. This letter addresses all of the outstanding issues on which USAC has sought formal guidance from the Commission. Please let me know if you have any questions. Sincerely, Dana R. Shaffer Chief Wireline Competition Bureau Table C Policy Issues Issue Relevant Rule Guidance 1. Technology Plan Deficiency - applicant's technology plan did not have all five criteria. 54.508(a), stating the required elements of a technology plan. Recover. 2. CIPA certification violations - applicant did not comply with all CIPA requirements. 54.520(c)(1), stating the certifications required by 47 CFR § 254(h) and (l). Recover generally; however, certain situations may not warrant recovery. See letter. 3. Services delivered to an entity that was not approved to receive the service on
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  • Federal-State Joint Board on Universal Service, Petition of the Puerto Rico Department of Education to Release Funds Associated with the Schools and Libraries Universal Service Support Mechanism for Years 2001 and 2002, CC Docket No. 02-6, Order, 18 FCC Rcd 25417 (2003) (Puerto Rico Order). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.504(b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15830-31, paras. 65-66 (2004) (Fifth Report and Order). See, e.g., 47 C.F.R. § 54.702(g) (requiring USAC to file annually information regarding ``administrative action intended to prevent waste, fraud, and abuse''); Puerto Rico Order, 18 FCC Rcd at 25422, para.
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  • release date of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that former sections that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(a)(4) and (c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority in sections 0.91, 0.291, and 54.722(a)
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  • formally known as the schools and libraries universal service support program). In each decision, USAC found that the applicants violated the E-rate program technology plan rules. Based on our review of the record, we find that these petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate program's technology plan rules at sections 54.503, 54.504 and 54.508 of the Commission's rules. We also find that at this time, there is no evidence of waste, fraud or abuse in the record. On our own motion, we also waive section 54.507(d) of the Commission's rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling. We find good cause to waive
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  • must select the most cost-effective service offerings, and price must be the primary factor in determining whether a particular vendor is the most cost-effective); Requests for Review or Waiver of the Decisions of the Universal Service Administrator by Brownsville Independent School District, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 6045 (2007) (Brownsville Order); 47 C.F.R. §§ 54.504, 54.508, 54.511 (2005) amended by 47 C.F.R. §§ 54.503, 54.508, 54.511 (2011). See Request for Review, Affidavit of Shanelle Baxter. Brownsville Order (waiving the technology plan rules for petitioners that, among other things, had approved technology plans in place for the relevant funding year, or had plans that were in the process of being approved, but failed to provide sufficient information
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  • relevant contribution factor.'' See 47 C.F.R § 54.505. See 47 C.F.R. § 54.501(d). See 47 C.F.R. § 54.501. For example, an Educational Service Agency, which may operate owned or leased instructional facilities, may be eligible for S&L support if it provides elementary or secondary education as defined in state law. Pub. L. 104-208, 110 Stat. 3009. See 47 C.F.R. § 54.508. The state is the certified technology plan approver for libraries and public schools. Non-public schools and other entities that do not secure approval of their technology plan from their states may locate a USAC-certified technology plan approver from USAC. Applicants that seek S&L Program support only for basic telephone service do not need a technology plan. A new AForm 470
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  • sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt will be made by this service provider to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. 4. Part 54, Subpart F is further amended by adding new section 54.508 to read as follows: 54.508 Technology plans (a) Contents. The technology plans referred to in this subpart must include the following five elements: (i) A clear statement of goals and a realistic strategy for using telecommunications and information technology to improve education or library services; (ii) A professional development strategy to ensure that the staff understands how to use these
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  • the Petitioners as listed in the Appendix ARE GRANTED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, that sections 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d) of the Commission's rules, 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), (c)(1)(iv)-(v) and 54.508(c)-(d), ARE WAIVED to the extent provided herein. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, that the applications associated with the Requests for Review or Waiver filed by the
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  • 23 (2006) (Bishop Perry Order). Nothing in this order is intended to authorize or require payment of any claim that has previously been released by a service provider or applicant, including in a civil settlement or criminal plea agreement with the United States. See 47 C.F.R. §§ 54.501-503. See 47 C.F.R. § 54.504 (b)(2)(vi), (c)(1)(iii); see also 47 C.F.R. § 54.508(a). See 47 C.F.R. § 54.504 (b)(2)(vi), (c)(1)(iii); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471), Item 25; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776, 9079, para. 577 (1997), as corrected by Federal-State Joint Board on Universal Service, Errata, CC Docket
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  • added by the bill''). See On-Tech Consulting, Inc. Comments at 3; see also 2008 On-Tech Consulting Inc. Comments at 3 (noting that Congress clearly indicated that content filtering is a necessary part of data distribution for a school or library). See, e.g., 2008 ESL at 11. See Council of the Great City Schools Comments at 5. 47 C.F.R. §§ 54.504(b)(2)(iii)-(iv), 54.508; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9077, para. 572 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. § 54.504(b)(2)(iv); 2008 ESL at 3-4; see also Request for Review of the Decision of the Universal Service Administrator by United Talmudical Academy, Federal-State Joint Board on Universal Service, Changes to
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  • herein; see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471) (requiring applicants to certify in Block 6 that they have secured access to all of the resources necessary to use the services purchased effectively). 50See Appendix, A, 47 C.F.R. § 54.503(c)(2)(vii), (c)(2)(vi) as amended herein; see also 47 C.F.R. § 54.508(a). 51 For purposes of the E-rate program, we will consider Indefeasible Rights of Use (IRU) purchase arrangements as a lease of dark fiber. To the extent an IRU contract contains significant upfront charges, and consistent with our existing requirements regarding upfront costs associated with the purchase of telecommunications services, applicants must amortize upfront, non-recurring charges where the upfront charges "vastly
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  • that schools will calculate discounts on supported services by using the average discount rate for the entire school district rather than the weighted average for each school building. Finally, we propose to adopt a new definition of ``rural area'' for the purpose of determining whether an E-rate applicant qualifies for the rural discount. Technology Plans We propose to amend section 54.508 of our rules to eliminate E-rate technology plan requirements for priority one applicants that otherwise are subject to state and local technology planning requirements. We seek comment on this proposal. The provision of priority one services (i.e., telecommunications services and Internet access) is fairly straightforward for many applicants and, therefore, a technology plan for these services may represent an unnecessarily
• http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2006archive.html
  • service provider. Released on August 18, 2006. CC Docket No. 02-6. (DA 06-1655) DA 06-1655 [62]Word | [63]Acrobat 8/18/06 School Administrative District 67 (Mattanawcook): In this Order, the Wireline Competition Bureau grants the School Administrative District 67 (Mattanawcook) request for review of USAC's decision to reduce its E-rate funding, finding that the District satisfied the requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. However, USAC reduced the District's E-rate funding because the District Provided USAC with a copy of the wrong technology plan. Released on August 18, 2006. CC Docket No. 02-6. (DA 06-1653) DA 06-1653 [64]Word | [65]Acrobat 8/15/06 Providence Public School District: In this Order, the Wireline Competition Bureau
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  • the signature date did not accompany the signatures of the applicant and service provider. DA 06-1655 DA 06-1655 [109]Word | [110]Acrobat 08/18/06 School Administrative District 67 (Mattanawcook), Lincoln, Maine: In this order, Wireline Competition Bureau grants the District's request for review of USAC's decision to reduce its E-rate funding, finding that the District satisfied the requirements in sections 54.504(b)(2)(iii) and 54.508(c) to develop and obtain approval of a technology plan for FY 2005. However, USAC reduced the District's E-rate funding because the District Provided USAC with a copy of the wrong technology plan. DA 06-1653 DA 06-1653 [111]Word | [112]Acrobat 08/15/06 Providence Public School District, Providence, Rhode Island: In this order, Wireline Competition Bureau grants the request for review filed by