FCC Web Documents citing 54.511

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1424A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1424A1.pdf
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, ¶ 66; Program Management Order, 22 FCC Rcd at 16387, ¶ 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 ¶¶ 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
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  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
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  • Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS' FCC
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  • to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation of the 28-day posting requirement where applicant signed Form 471 one day before expiration of 28-day waiting
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  • Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service Administrative
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  • Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999) at
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  • and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• 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
  • 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division, to John Lavelle, Homer Community Consolidated School District 33C,
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  • School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision on Waiver Request); see also Letter from Schools and
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  • Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. §§ 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sister Elizabeth, Powhatan School, dated July 25, 2000 (Administrator's
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  • Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
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  • North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing window deadline of April 6, 1999 had closed). Letter
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  • Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
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  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. § 54. 504(b)(4). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(c). 47 C.F.R. §54.511(c)(i). Respectively, FCC Form 470, Altoona Area School District, USCN 924720000103034, filed April 14, 1998, and FCC Form 470, Altoona Area School District, USCN 798540000102256, filed April 14, 1998. Id. Since SLD is unable to locate the original forms filed by Altoona, we must rely on the copies of the Form 470s and Form 471s that Altoona submitted
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  • Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd 6732,
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  • Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter from Schools and Libraries Division, Universal Service Administrative Company,
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  • bid requirements for the life of the contract; and (2) a contract signed after July 10, 1997, but the [ January 30, 1998] date on which the universal service competitive bid system became operational, is exempt from the competitive bid requirements only with respect to services that are provided under such contract for the first funding period. 47 C.F.R. §§ 54.511(c)(1)(i) and (ii); 54.511(d). FCC Form 470, "Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470)" at 7. See also Federal-State Joint Board on Universal Service and Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure, and Pricing End User Carrier Common Line Charge, CC Docket
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  • Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September
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  • Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as a request for waiver. Letter from Schools and Libraries
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  • County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24
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  • provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny School
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  • it is evident that Brockton did not request discounts for services provided pursuant to a tariff. We note that the instant appeal is distinguishable from prior appeals we have denied for failing to comply with the Commission's 28 day competitive bidding requirement, in that Brockton actually seeks discounts for a contract that meets one of the exceptions described in section 54.511(c) of the Commission's rules for existing, binding contracts. Indeed, based on the record, SLD should have been able to discern that Brockton had an exempt contract during its review of the appeal. The FCC Form 470 that Brockton cited to in its appeal to SLD, clearly indicates that Brockton had an existing, binding contract with New England Telephone and Telegraph
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  • New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See
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  • City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
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  • School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State
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  • (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. § 54.504(b)(4). See FCC Form 471,
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  • Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c); 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. § 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See
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  • the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). In Funding
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  • Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie
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  • Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • GTE Service Corp. v. FCC, 121 S.Ct. 423 (November 2, 2000 Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Block 3. 47 C.F.R. § 54.511(c). FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 261340000137230, filed January 14, 1999. FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 390330000120972, filed January 14, 1999. Id. FCC Form 471, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, filed March 31, 1999,
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  • by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour
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  • by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. § 1.3. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } Ñ
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  • the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >>. The filing
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  • Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • a FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
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  • Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries
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  • Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board
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  • County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >. FCC Form
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  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000. Letter from Schools and Libraries Division, Universal Service Administrative
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  • Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools
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  • Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC
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  • is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W.
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  • Brunswick, New Jersey, on March 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Id. 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick Public Schools, to the Universal Service Administrative Company, filed
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  • Bellevue Public Library, Bellevue, Iowa, on February 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification
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  • School District, Forest, Mississippi, on August 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing
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  • Lake Eola Charter School, Orlando, Florida, on November 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3
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  • to Federal Communications Commission, filed July 3, 2000 (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. § 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for
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  • District, to Federal Communications Commission, filed February 22, 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. § 1.3. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area School District, filed February 10, 1998. FCC Form 471,
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  • Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(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 7. 47 C.F.R. § 54.504(c); FCC Form 471, Block 5. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Walter A. Taylor, South Carolina Budget and Control Board, Office of Information Resources, dated
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  • Request filed by Winnebago Public Schools, Winnebago, Nebraska on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. § 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45,
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  • on May 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. > (noting that for
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  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, the existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior
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  • However, in Block 1, item 2, the funding year indicator, 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
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  • by Edgerton Public School, Edgerton, Minnesota, on August 15, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from LeRoy Domagala, Edgerton Public School, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for
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  • It is apparent from the text of the Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • were required to make certain certifications.10 Applicants that filed their FCC Form 471s electronically had to print out a Block 6 certification page at the end of the on-line application filing process and then, after signing and dating the certification page, were required to separately submit it by mail.11 3 47 C.F.R. §§ 54.502, 54.503. 4 47 C.F.R. §§ 54.504, 54.511(c). 5 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 6 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 7 Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB
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  • herein, and Sacramento's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission DA 01-2807 d e ë ì � v
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  • Library, Peace Dale, Rhode Island, on July 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471, South Kingstown Public Library, Peace Dale, Rhode Island,
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  • Jersey, on September 4, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed when received by SLD. Instructions for Completing the Schools
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  • 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. The Commission's rules provide that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, as described in the instructions for completing FCC Form 470, services received solely pursuant to a tariff do not constitute a "pre-existing contract," and
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  • Smackover Public Schools, Smackover, Arkansas, on July 18, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover Public Schools, Smackover, Arkansas, filed February 17, 2000. Letter
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  • School, filed June 30, 2000; Letter from Peter M. Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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  • 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2. ``Instructions for Completing the Schools and Libraries Universal Service Services Ordered
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-412A1.txt
  • Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-433A1.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-46A1.txt
  • Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
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  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June 6, 2000 (Administrator's Decision on Waiver Request). See Waiver
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  • FCC Form 471 state that the date of signature for the FCC Form 471 ``CANNOT be earlier than the 29th day following the posting of the associated FCC Form 470 to the [SLD] Web Site.'' As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior funding
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  • the Commission's rules, SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • Federal Communications Commission, filed August 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants are held harmless in the event of a failure
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  • Corporation, CC Docket Nos. 96-45 and 97-21, Request for Review, filed October 22, 2001(Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • 13, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). See Waiver Request. 47 C.F.R. §§ 54.502-54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park School, dated October 31, 2001 (Administrator's Decision on
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  • filed September 4, 2001) (together referred to as Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). 47 C.F.R. §§ 54.504(b), 54.511 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District, Federal-State Joint Board on Universal
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  • Molalla River School District, to Federal Communications Commission, filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). 47 C.F.R. §§ 54.504(b), 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET (December 6, 1999),
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  • North Carolina Department of Commerce - SIPS, Wright School, to Federal Communications Commission, filed May 31, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (September 1999) (FCC Form 470 Instructions), at pp. 2-3. >. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure
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  • the arguments contained therein. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). See Waiver Request. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form submitted on January 30, 2001). Id. (postmark of
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  • School, to Federal Communications Commission, filed March 22, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. § 54.504(c). FCC Form 471, Saint Mary School, filed December 13, 1999 (Saint Mary Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Phillis A.
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  • Education, to Federal Communications Commission, filed March 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8 (Com. Car. Bur. rel. May 23, 2001). >. >.
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  • High School, Bonesteel, South Dakota, on August 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Loris Lindskov, Bonesteel-Fairfax High
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  • Commission, filed August 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 � (R)
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  • in original)) The following contracts are exempt from the competitive bidding requirements: (1) contracts signed before July 10, 1997 for the life of the contract; (2) contracts for Funding Year 1 signed between July 10, 1997 and January 30, 1998; and (3) contracts signed pursuant to the Commission's competitive bidding requirements in a prior funding year. 47 C.F.R. §§ 54.504, 54.511(c) (first two exceptions); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para. 10 (third exception). See also Request for Review of the Decision of the Universal Service Administrator by Antioch Unified School District, File No. SLD-139333, CC Dockets No. 96-45 and 97-21, Order, DA 01-412 (Com. Carr. Bur.
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  • Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. § 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. § 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, 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).
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  • Letter from Lynn Bollman, Wexford-Missaukee Independent School District, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • notify the Administrator of the services that have 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 Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' In relevant part, under section 54.511(c)(1), contracts entered into on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract, and need only report the pre-existing contract on an FCC Form 470 in order to seek discounts for the services provided under the contract. However, voluntary extensions of such contracts are not exempt from competitive bidding requirements. The
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  • Competition Bureau Letter from Wilfred Volesky, Beulah Public Schools, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999), at 2-3. >. FCC Form 471 Instructions, at 24. FCC Form 471, Beulah Public Schools, filed April 13, 1999 (Beulah FCC Form 471). Beulah FCC Form 471 Attachment. Id. Id. Id. Id. Letter
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  • discussed further below. 47 C.F.R. §§ 54.502, 54.503. This limited exception exempts from competitive bidding requirements: (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para. 10
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  • Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See
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  • Carrier Bureau Letter from Linda Davidson, Georgetown Public Library, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • Communications Commission, filed March 6, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice used for closing the SLD website for a certain
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, under section 54.511(c)(1), contracts entered into on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are also exempt from the competitive bidding requirements, but only for services provided through December
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  • 2001 and Jan. 4, 2002). Because the March 7, 2000 Pink Postcard was issued before August 13, 2001, the extended appeal period does not apply to Lincoln County. See 47 C.F.R. § 54.720(b). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. § 54.511(b). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 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
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  • Letter from Vol Woods, Salina Independent School District 16, to Federal Communications Commission, filed April 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • the State Master Contract with Sprint Telecommunications, d/b/a Carolina Telephone Service, as the service provider. Petitioners note that the service agreement with Sprint was a multi-year contact. Petitioners indicate that as they understand the program rules, a contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements for the life of the contract, citing section 54.511 of the Commission's rules in support. Petitioners also reference the terms of the service agreement, which provide that ``[T]his agreement will be automatically renewed and extended on a month to month basis from the referenced termination date unless either party gives written notice to the other of an intention to terminate the agreement.'' Petitioners maintain that the month-to-month service is
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  • 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. The Commission's rules further provide that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, an existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior
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  • The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules also provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are exempt from the competitive bidding requirement for services provided through June 30, 1999, the end
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504 (b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504, 54.511(c), 54.511(d)(1). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. § 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order),
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  • Federal Communications Commission, filed March 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • Pend Oreille County Library District, to Federal Communications Commission, filed May 21, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • Elementary School, Detroit, Michigan, to Federal Communications Commission, filed April 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated June 16, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated March 19, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • District, to Federal Communications Commission, filed April 30, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC Form 470, Pearl River Public School District, App. No.
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  • for review) with 47 C.F.R. 1.3 (governing waiver requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver Request. See id. See id. Northeast Cellular Telephone
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • Center ISD, Cotton Center, Texas, on June 13, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in this instance. Because SLD did not receive the
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  • and Frazier's application IS REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et al., Federal-State Joint
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  • August 15, 2000, IS DENIED to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding Year 2 of the schools and libraries program. Problem
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  • Horizons School, Scottsdale, Arizona, on July 12, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id. FCC Form 470, Scottsdale Horizons School, filed December 13,
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  • See Request for Review (listing Ms. Sand's contact information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). > (directing applicants to file Item 21
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  • because Waikiki asserts that it filed its application in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. § 54.719. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See
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  • Huron Waiver Request); Letter from Dennis J. Corsaro, Silver Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >. Id. See SLD website, SLD Announces Availability of New
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  • Letter from Lynn A. McIntosh, Chickasaw Regional Library System, to Federal Communications Commission, filed July 18, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). See FCC Form 471, Chickasaw Library System, filed June 3, 1999 (Year 2 Form 471); Letter from Schools
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  • Enoch Pratt's request as a Waiver Request seeking waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. § 54.719 et seq. (governing requests for review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely were not data-entered, and therefore, did not receive
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  • on July 17, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC Form 471, Governor's School for Global Economics and Technology,
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  • to Federal Communications Commission, filed April 16, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). FCC Form 471, School District of Volusia County, filed January 19, 2000. Id. at Block 5, Item 12. Letter
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  • Company, to Paul F. Kolmetz, Henrico County School District, dated July 17, 2000 (Rejection Letter). Request for Review, at 1. Id. Id. See SLD Year 2 Program Description, at 12 (December 1998). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions), at 4. 47 C.F.R. § 54.511(c). See FCC Form 470, Henrico County School District, App. No. 283996952970000, filed December 20, 1999; Henrico Form 471, at 2-3. 02-83 02-83 < = q r A C
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  • School, Tuxedo Park, New York, on January 30, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
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  • an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Administrator the issues a funding commitment decision letter based on its review of the FCC Form 471. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement only under certain circumstances. Section 54.511(c)(1) provides that contracts signed after July 10, 1997 and before January 30, 1998 would be exempt from the competitive bidding requirement for services provided through December 31, 1998. To ensure that schools and libraries contracting for services between July 10, 1997 and January 30, 1998 did not negotiate long-term contracts and avoid the competitive bidding requirement altogether, the Commission limited
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  • consistent with this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4), § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC Form 471, Alton Elementary School, filed January 26, 2000.
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  • Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated July 23, 2001 (Funding Commitment Decision Letters); Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated October 1, 2001 (Administrator's Decision on Appeal Letters). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • 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 a Form 471'' as justification for its Request for Review. Administrator's Decision on Appeal at 2 (citing 47 C.F.R. §§ 54.504, 54.511 (a), (c)). Note that this exception is of limited scope and only applies to applicants that have "pre-existing contracts," as defined by the Commission's rules. In particular, a signed contract between an eligible school, library, or consortium for services eligible for discounts under the schools and libraries universal service support mechanism is exempt from the Commission's competitive bidding requirements as
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  • the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See id. The funding period which began on January 1, 1998 and ended on June 30, 1999 is now called Funding Year 1998. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • for Review at 2. Id. Id. See FCC Form 470, Harrisonburg City School District, filed November 30, 2000. See id.; 47 C.F.R. § 54.504(b)(4). (Cochrane-Fountain City School District Order). Cochrane-Fountain City School District Order, 15 FCC Rcd at 16631, para. 6. Id. Id. at 16631, paras. 6-7. Id. at 16631, para. 7. Id. at 16631, n. 24. 47 C.F.R. § 54.511(c). (...continued from previous page) (continued....) Federal Communications Commission DA 03-3049 Federal Communications Commission DA 03-3049 C D E G H i j „ ˆ '' ¾ Æ Ë Ë Ð F ­ Ë 4 W d <Ýð ­
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  • Bureau Letter from Lena K. Carichner, Hughesville Public Library, to Federal Communications Commission, filed August 9, 2002 (Request for Review). Id. The Commission's rules provide that, with one limited exception for existing, binding contracts, an eligible school, library, or consortium that includes eligible schools or libraries must seek competitive bids for all services eligible for support. 47 C.F.R. §§ 54.504, 54.511(c). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the
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  • on behalf of Waldwick School District, to Federal Communications Commission, filed January 28, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.502-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. §§ 54.511(c). Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471 Instructions) at 19. Id. (``Signed contracts: You MUST have a signed contract (or a legally binding agreement between you and your service provider preparatory to a
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  • § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated July 1, 2002 (Administrator's Decision on Appeal). See also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated April 24, 2002 (Funding Commitment Decision Letter). Request for Review. See 47 C.F.R. §§ 54.504, 54.511(c) (Commission's rules provide that, with one limited exceptions for existing, binding contracts, an applicant must comply with the Commission's competitive bidding requirements, including the posting of a FCC Form 470 on SLD's website for 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471). See also Request for Review
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  • rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that the Request for Waiver filed by St. Boniface School on January 15, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Marylou Pawlowski, St. Boniface School, to Federal Communications Commission, filed January 15, 2003 (Waiver Request). Id. ; § 54.511. See Waiver Request. Id. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis), cert. denied, 409 U.S.
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  • 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. § 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-9079 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Erie 1 BOCES, filed January 11, 1999 (USCN 318000000149001). FCC Form 470, Erie 1 BOCES, filed January 11, 1999 (USCN 653700000151778). FCC Form 471, Prattsburgh Central School District, filed March 31, 1999, at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Matt Dziuba, Prattsburg Central School District, dated July
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  • for Waiver filed by Raymond-Knowles Elementary School, on July 23, 2002, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Linda Lamont, Raymond-Knowles Elementary School, to Federal Communications Commission, filed July 23, 2002 (Waiver Request). The Funding Request Numbers at issue are: 892946, 892947, and 892949. Id. . ; § 54.511. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis), cert. denied, 409 U.S. 1027 (1972). See
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  • Jones, Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Allen Spalding, Coleman Community Schools, to Federal Communications Commission, filed January 23, 2003 (Waiver Request). The funding request numbers at issue in this case are: #1027471, #1027472, and #1027473. See Waiver Request. FCC Form 470, Coleman Community Schools, filed January 23, 2003 (Coleman FCC Form 470). ; § 54.511. Id.; FCC Form 471, Coleman Community Schools, filed January 29, 2003. See Letter from Allen Spalding, Coleman Community Schools, to Schools and Libraries Division, Universal Service Administrative Company (March 6, 2003). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating
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  • The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules also provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are exempt from competitive bidding requirements for services provided through June 30, 1999, the end of
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  • from Roger E. Waley, New Albany-Floyd County Consolidated School Corporation, to Federal Communications Commission, filed August 19, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 470, New Albany-Floyd County Consolidated School Corporation, posted March 4, 1999. The allowable contract
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  • at that time and, having complied with the competitive bidding requirements prior to entering into the service contract, need not submit any additional FCC Form 470s for the duration of that contract. As noted above, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirements under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 are exempt from competitive bidding requirements for services provided through the end of Funding Year 1998, regardless of the duration of the contract as a whole. In the
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  • 418 F.2d 1153, 1159 (D.C. Cir. 1969) (WAIT Radio), cert. denied, 409 U.S. 1027 (1972). WAIT Radio, 418 F.2d at 1157. Northeast Cellular, 897 F.2d at 1166. 47 C.F.R. § 54.504(c). The filing window is the period in which applicants must submit their completed FCC Forms 471 in order to have their requests for funding considered. See 47 C.F.R. § 54.511(a). See Fourth Reconsideration Order, 13 FCC Rcd at 5452, para. 232 (concluding that allowing eligible entities to order eligible services from master contracts negotiated by a third party is consistent with the Commission's goal of minimizing universal service costs and therefore is also consistent with section 254(h)(1) of the Communications Act of 1934, as amended). West Virginia Waiver Petition at
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  • January 10, 2006 (Request for Review for File No. SLD-451211) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • Wyoming student is entitled to have). Requests for Review at 3. Id. Id. (citing 1997 Session Laws of Wyoming, Chapter 65, Section 1 W.S. § 21-2-202(a)(xx)). See Request for Proposal at 19 (attached to Requests for Review). Id. Id. at 22. See Requests for Review at 4. Id. at 5. Id. Id. Id. Id. Id. Id. . 47 C.F.R. § 54.511. 47 C.F.R. § 54.504 (a). See Universal Service Order, 12 FCC Rcd at 9029, para. 481. Id.; see also Tennessee Order, 14 FCC Rcd at 13739-40, para. 10. See Department of Administration and Information, Procurement Section, Procurement Procedures Manual at section 2703.00 (1999). See Requests for Review at Attachment 2 (Administration and Information, General Services Division, ``A Vendor's Guide: How
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  • such as tariffed telecommunications services, month-to-month Internet access, cellular services, paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and
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  • Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted) (stating that price should be the primary factor in selecting a bid, but applicants are given maximum flexibility to take service quality into account and may choose the offering that meets their needs most effectively and efficiently). Id. at 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). See Ysleta Order, 18 FCC Rcd at 26429, para. 50. Id. This rule was originally codified in 2003. See Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2004) (codifying 47 C.F.R. § 54.511(a)). See also School and Libraries Universal Support Mechanism, CC Docket No.
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  • Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2005 started on July 1, 2005 and ended on June 30, 2006. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • 2006 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2004 started on July 1, 2004, and ended on June 30, 2005. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted) (stating that price should be the primary factor in selecting a bid, but applicants are given maximum flexibility to take service quality into account and may choose the offering that meets their needs most effectively and efficiently). Id. at 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). See Ysleta Order, 18 FCC Rcd at 26429, para. 50. Id. This rule was originally codified in 2003. See Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2004) (codifying 47 C.F.R. § 54.511(a)). See also School and Libraries Universal Support Mechanism, CC Docket No.
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  • School District, to the Federal Communications Commission, filed Sept. 29, 2005 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). Request for Review of the Decision of the Universal Service Administrator by Kalamazoo Public Schools, File No. SLD-164612, Order, 17 FCC Rcd 22,154 (Wireline Comp. Bur 2002), citing Federal-State Joint Board on Universal Service, Order, 15 FCC Rcd 6732, 6736, para. 10 (Com. Car. Bur. 1999) (school may sign with providers contracts that include renewal options and may exercise those
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  • School Board, SLD File No. 288236, to Federal Communications Commission, filed July 27, 2004 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). FCC Form 470. 47 C.F.R. § 54.504(b)-(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471). 47 C.F.R. § 54.504(c). See FCC Form 471. The FCC Form 471 is
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  • of Wyoming, to Federal Communications Commission, SLD File No. 218236, filed February 12, 2003 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(b). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 2000 FCC Form FCC 471); Schools and Libraries Universal Service, Services Ordered and Certification
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  • to the Tennessee Order for guidance. Request for Review at 3, citing Campbell Co. School District v. Wyoming, 907 O.2d 1238 (Wyo. 1995). Request for Review at 3. Id. Id. See Wyoming Request for Proposal at 19. Id. Id. at 22. See Request for Review at 4. Id. at 5. Id. Id. Id. Id. Id. Id. . 47 C.F.R. § 54.511. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted). Id.; Tennessee Order, 14 FCC Rcd 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). 47 C.F.R. § 54.504(a). See Department of Administration and Information, Procurement Section, Procurement Procedures Manual at
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  • Federal Communications Commission, dated September 14, 2005 (Request for Review for File No. SLD-415257) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). 47 C.F.R. § 54.504(b)-(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. § 54.504(c). See FCC Form 471. The FCC Form 471 is
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  • 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, USAC SHALL REINSTATE the funding commitment no later than 30 calendar days from release of this Order. Thomas J. Navin Chief Wireline Competition Bureau 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See also Request for Review of Waldwick School District, Schools and Libraries Universal Service Support Mechanisms,
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  • (D.C. Cir. 1969) (WAIT Radio), cert. denied, 409 U.S. 1027 (1972). WAIT Radio, 418 F.2d at 1157. Northeast Cellular, 897 F.2d at 1166. 47 C.F.R. § 54.504(c). Waiver Petition at 2. The filing window is the period in which applicants must submit their completed FCC Forms 471 in order to have their requests for funding considered. See 47 C.F.R. § 54.511(a). See Fourth Reconsideration Order, 13 FCC Rcd at 5452, para. 232 (concluding that allowing eligible entities to order eligible services from master contracts negotiated by a third party is consistent with the Commission's goal of minimizing universal service costs and therefore is also consistent with section 254(h)(1) of the Communications Act of 1934, as amended). Kentucky Waiver Petition at 2.
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  • review from the Commission. 47 C.F.R. § 54.719(c). For purposes of this Order, decisions by both the Schools and Libraries Division and USAC will be referred to as decisions issued by USAC. Although we grant the appeals addressed here, we make no findings as to the ultimate eligibility of the requested services. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. 47 C.F.R. § 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos.
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  • 2003; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mark Stevenson, Send Technologies, L.L.C., dated January 20, 2004; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven J. Katz, on behalf of Union Parish School Board, dated January 20, 2004 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). 47 C.F.R. § 54.504(b). FCC Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal
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  • granted in this Order involve applications for approximately $8.9 million in funding for Funding Years 1999-2005. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Second Quarter 2007, dated Jan. 31, 2007. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. See also Federal-State Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, at 9077-80, paras. 572-579 (1997) (Universal Service Order) (describing sequence of designing detailed technology plan and subsequently submitting detailed description of services sought.) See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB
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  • of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. Although we grant the appeal addressed here, we make no finding as to the ultimate eligibility of the requested services. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. 47 C.F.R. § 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos.
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  • 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 for eligible health care providers, and the services
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  • with the Commission by Approach Learning. Id. See Petition at Exhibit 1 (Civil Settlement); infra. para. 4. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id.; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. 47 C.F.R.
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  • 20, 2007) (Cityroots Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). Hewlett Packard Company subsequently acquired Compaq Computer Company in 2002. See http://www.pcworld.com/article/id,97944-page,1/article.html (retrieved Aug. 11, 2008). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504(a)-(c), 54.511. 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). The RFP must be available to all potential bidders for the duration of the bidding process. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, Instructions for Completing Description of
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  • C.F.R. § 54.504(c) (providing that applicants shall submit a completed FCC Form 471 application to USAC). In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
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  • complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b); see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (describing sequence of
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  • of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from KPMG to Universal Service Administrative Company (dated April 24, 2003) (independent accountants' report on Biblioteca Residencial Aguadilla: Funding Year 2000) (KPMG Audit Report). See 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(a). There is, however, one limited exception for preexisting, binding contracts. 47 C.F.R. § 54.511(c). See Request for Review by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45, 16 FCC Rcd 4028, 4033, para. 10 (2000). The Commission also recognized that prospective bidders may decline to participate in a competitive bidding process if they believe
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  • review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). Applicants must also comply with any applicable state and local competitive bid requirements. See 47 C.F.R. §
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  • complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). See 47 C.F.R. § 54.504(b)(2). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint
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  • appendix, we make no finding as to the ultimate eligibility of the requested services for E-rate funding. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, at 9077-80, paras. 572-579 (1997) (subsequent history omitted) (describing sequence of designing a detailed technology plan and subsequently submitting a detailed description of services sought.) See, e.g., Schools and Libraries Universal Service, Description of Services Requested and
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  • review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
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  • mechanism, also known as the E-rate program, on the ground that the underlying applications violated the Commission's competitive bidding requirements. As explained below, we find that, in five instances, the petitioners did not violate the Commission's competitive bidding rules. We therefore grant these appeals. In one instance, we find that good cause exists to grant a limited waiver of section 54.511 of the Commission's competitive bidding rules. Accordingly, we remand the underlying applications associated with these appeals to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application and issue a decision no later than 60 calendar days from the release date of this
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  • and ended on June 30, 2002. In this order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See 47 C.F.R. §§ 54.504, 54.511. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997, however, is exempt from the competitive bid requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-79, para 575 (1997) (subsequent history omitted).
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  • and Libraries Division, to Garnet Person, District of Columbia Public Schools (dated Sept. 1, 2005) (Funding Commitment Decision Letter); Letter from USAC, Schools and Libraries Division, to Garnet Person, E-Rate Elite Services (dated Jan. 12, 2006) (Administrator's Decision). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. §§54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See FCC Form 471; see also 47 C.F.R. § 54.504. USAC website, Schools and Libraries, Undergo Application Review, http://www.usac.org/sl/applicants/step08/default.aspx (retrieved Aug. 12, 2008) (Application Review Process). Id. See id. See, e.g., Letter from USAC, Schools and Libraries Division, to Garnet Person,
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  • a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal Service, CC
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  • minimal impact on the Universal Service Fund as a whole. See November 2006 Appeal; March 2007 Supplement. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, para. 575 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. Applicants are also required
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  • 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. The rules establish the requirements for eligible health
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  • Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. § 54.719(c). Request for Review at 1-4. See 47 C.F.R. § 54.504 (a)-(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504, 54.511; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-80, paras. 575-79 (Universal Service First Report and Order) (subsequent history omitted). These requirements are in addition to applicable state and local procurement rules. 47 C.F.R. § 54.504(a); Universal Service First Report and Order, 12 FCC Rcd at
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  • that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.505. 47 C.F.R. § 54.523. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the payment method governing the payment
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  • Technologies, on behalf of Keyport School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Oct. 26, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal
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  • telecommunications services, month-to-month Internet access, or any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's website for at least 28 days before the applicant may enter into an agreement for E-rate services. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. After entering into an agreement for eligible services, the applicant files the FCC Form 471 requesting discounts for the eligible services. Requests for Waiver. The Commission has under consideration two requests for waiver. The first request for waiver, filed by Amy Biehl, seeks a waiver of the competitive bidding rules requiring the filing of an FCC
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  • public interest being well-served, there must also be a sufficiently ``unique situation'' to grant waiver). 47 C.F.R. §§ 54.504(b)(2)(iv), 54.504(c)(1)(iv), 54.523. Exigent admits that ``in order to increase his commissions, Mr. Ferrano may have used his `experience' at USAC to sell the Schools more equipment than they needed . . .'' Id. at 5. See 47 C.F.R. §§ 54.504 (a)-(b), 54.511; Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4033 (2000) (Mastermind Order). Exigent also admits that ``Ferraro may have used his `experience' at USAC . . . to charge more than he
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  • the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See infra paras. 3-4. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See 47 C.F.R. §§ 54.504(a)-(b), 54.511; Federal-State Joint Board on
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  • certain petitioners that demonstrated good cause for such a waiver). 47 C.F.R. § 54.504(c); see also Appendix A. 47 C.F.R. § 54.504(b)(4); see also Appendix B. See Appendix C. See Appendix D. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). None of the petitioners argue that this exemption applies to their cases. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November
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  • for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). The Illinois BOE does not argue that this exemption applies to its case. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form
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  • Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-7385. - FCC - Petition by United States Telecom Association and CTIA - The Wireless Association(R) for Declaratory Ruling Clarifying Certain Aspects of the ``Lowest Corresponding Price'' Obligation of the Schools and Libraries Universal Service Program, WC Docket No. 02-6 (filed Mar. 19, 2010) (Petition). 47 C.F.R. § 54.511(b). The ``lowest corresponding price'' is defined as ``the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services.'' 47 C.F.R. § 54.500(f). 47 C.F.R. § 54.511(b). Petition at 1. See also 47 C.F.R. § 54.511(b). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket
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  • USAC shall either grant the underlying funding requests before it, or, if denying the funding requests, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503. Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See Request for Review by Mastermind Internet Services, Inc., Federal-State
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  • /OPBaseFont2 10 Tf (54.719\(c\).) Tj 1 0 0 1 71.5 249.149 Tm 104 Tz /OPBaseFont0 10 Tf (247) Tj 1 0 0 1 90.45 244.85 Tm 95 Tz /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 119.5 242.949 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 131.75 245.049 Tm 98 Tz /OPBaseFont2 10 Tf (54.503\(c\)\(2\)\(vii\), 54.511\(a\).) Tj 1 0 0 1 77.25 223.25 Tm 100 Tz (See supra,) Tj 1 0 0 1 121.9 223.199 Tm 80 Tz /OPBaseFont1 10 Tf (n. 1.) Tj 1 0 0 1 77.5 201.649 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 119.75 200 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0
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  • 1 72 204.75 Tm 96 Tz (54.723.) Tj 1 0 0 1 71.5 187.699 Tm 62 Tz (40) Tj 1 0 0 1 80.6 183.149 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 97.2 183.149 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R. §) Tj 1 0 0 1 151.9 183.149 Tm /OPBaseFont2 10 Tf (54.503, 54.511; Ysleta Order,) Tj 1 0 0 1 274.8 182.899 Tm 97 Tz /OPBaseFont1 10 Tf (18 FCC Rcd 26407.) Tj 1 0 0 1 71.5 165.849 Tm 57 Tz (41) Tj 1 0 0 1 80.6 161.299 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 97.2 161.549 Tm 99 Tz /OPBaseFont1 10 Tf (Baltimore Request for
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  • before July 10, 1997.) Tj 1 0 0 1 323.25 389.299 Tm 94 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 339.6 389.299 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R.) Tj 1 0 0 1 381.6 387.399 Tm 67 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 388.8 389.049 Tm 95 Tz /OPBaseFont1 10 Tf (54.511\(c\).) Tj 1 0 0 1 78.45 367.949 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 120.7 366.299 Tm 65 Tz /OPBaseFont0 11 Tf (§) Tj 1 0 0 1 128.15 368.199 Tm 96 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0 1 72.7 351.149 Tm /OPBaseFont0 6 Tf (6) Tj 1 0 0 1
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  • 1 0 0 1 73.2 236.199 Tm 99 Tz (existing, binding contracts signed on or before July 10, 1997.) Tj 1 0 0 1 323.75 235.949 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 340.3 235.949 Tm 97 Tz /OPBaseFont1 10 Tf (47 C.F.R. §) Tj 1 0 0 1 389 235.949 Tm /OPBaseFont2 10 Tf (54.511\(c\).) Tj 1 0 0 1 72.95 219.149 Tm 51 Tz /OPBaseFont1 10 Tf (') Tj 1 0 0 1 78.7 214.6 Tm 98 Tz (47 C.F.R. §) Tj 1 0 0 1 128.15 214.6 Tm 97 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0 1 73.2 193.25 Tm 94 Tz (81d) Tj 1 0 0 1 78.45 171.649 Tm
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  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, ¶ 66; Program Management Order, 22 FCC Rcd at 16387, ¶ 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 ¶¶ 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
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  • rules provide one exception to the competitive bidding requirement for) Tj 1 0 0 1 72.95 404.399 Tm 99 Tz (existing, binding contracts signed on or before July 10, 1997.) Tj 1 0 0 1 323 404.199 Tm 94 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 339.35 403.949 Tm 99 Tz /OPBaseFont1 10 Tf (47 C.F.R. § 54.511\(c\).) Tj 1 0 0 1 78.45 383.049 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 108 382.799 Tm 99 Tz /OPBaseFont1 10 Tf (C.F.R. § 54.503\(b\) \(stating that an eligible entity shall seek competitive bids for all services eligible for) Tj 1 0 0 1 72.95 371.799 Tm 98 Tz (support\); 47 C.F.R. §) Tj
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  • the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. 47 C.F.R. §§ 54.504(a). 47 C.F.R. § 54.504(c); see also
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  • and libraries are required to fully consider all bids submitted arid must select the most) Tj 1 0 0 1 486 106.599 Tm 86 Tz /OPBaseFont2 11 Tf (cost-effective) Tj 1 0 0 1 68.85 95.049 Tm 92 Tz /OPBaseFont1 11 Tf (service offering. 47 C.F.R §) Tj 1 0 0 1 186.7 95.049 Tm 89 Tz /OPBaseFont2 11 Tf (54.511\(a\).) Tj 1 0 0 1 233 95.049 Tm 90 Tz /OPBaseFont1 11 Tf (In this process, schools and libraries may consider relevant factors other) Tj 1 0 0 1 68.85 83.299 Tm (than the pre-discount prices submitted by providers, but price "should be the primary factor considered.") Tj 1 0 0 1 494.6 83.299 Tm 80 Tz /OPBaseFont2 11 Tf
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  • Tm 98 Tz (requirements.) Tj 1 0 0 1 127.2 425.299 Tm 95 Tz /OPBaseFont1 10 Tf (See) Tj 1 0 0 1 143.75 425.299 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 186 423.649 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 193.4 425.299 Tm 97 Tz /OPBaseFont2 10 Tf (54.511\(c\).) Tj 1 0 0 1 72.7 403.949 Tm 99 Tz /OPBaseFont1 10 Tf (47 C.F.R.) Tj 1 0 0 1 115.2 402.049 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 122.6 403.699 Tm 97 Tz /OPBaseFont1 10 Tf (54.503\(c\).) Tj 1 0 0 1 66.7 386.899 Tm 58 Tz /OPBaseFont2 10 Tf (6) Tj 1 0
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  • 152.649 Tm 99 Tz /OPBaseFont1 10 Tf (54.501-54.502) Tj 1 0 0 1 191 152.649 Tm 95 Tz /OPBaseFont2 10 Tf (\(2011\).) Tj 1 0 0 1 74.85 135.149 Tm 98 Tz (47 C.F.R. §) Tj 1 0 0 1 129.349 135.149 Tm /OPBaseFont1 10 Tf (54.503,) Tj 1 0 0 1 162.2 135.149 Tm 103 Tz /OPBaseFont2 10 Tf (54.511\(2011\).) Tj 1 0 0 1 68.85 117.399 Tm 90 Tz /OPBaseFont2 11 Tf (447 C.F.R. §) Tj 1 0 0 1 124.05 117.399 Tm 89 Tz /OPBaseFont1 11 Tf (54.503\(c\)) Tj 1 0 0 1 165.8 117.399 Tm 88 Tz /OPBaseFont2 11 Tf (\(2011\);) Tj 1 0 0 1 197.5 117.399 Tm 91 Tz /OPBaseFont1 11 Tf (see also) Tj
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  • any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See Request for Review by Mastermind Internet Services, Inc., Federal-State
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  • Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). (Universal Service First Report and Order) (subsequent history omitted), see 47 C.F.R. §§ 54.503(c). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See
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  • voluntary extensions means that the contract expires at the end of its original term and may be voluntarily extended for one or more years pursuant to the provisions in the contract. Id. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5986, para. 6 (1999); see also 47 C.F.R. § 54.511(c)(1). See 47 C.F.R. § 54.511(d). FCC Form 470, Challis Joint School District #181 (filed Nov. 8, 2002). See USAC Appeal Decision at 2. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Julie Oerke, Challis Joint School District #181 at 5 (dated Mar. 3, 2004). See Letter from Schools and Libraries Division, Universal Service Administrative Company,
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  • price as the primary factor in the vendor selection process or they did not carefully consider all bids submitted in response to their FCC Form 470 postings. Upon review of the record, we find that seven of the petitioners did not violate the Commission's competitive bidding requirements. In 12 other instances, we find that 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. We therefore grant these appeals and remand the associated applications to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of
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  • Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 6, 2006) (Request for Waiver); 47 C.F.R. § 54.504(b). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503. See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9078-79, para. 575 (1997) (Universal Service First Report and Order) (subsequent history omitted). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description
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  • 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504; Letter from USAC, Schools and Libraries Division, to Bettie Downs, Bayless Intermediate School, at 5-6 (dated Feb. 1, 2006) (Bayless Funding Commitment Decision Letter). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). Bayless does not argue that this exemption applies to its case. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). (last
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  • 11 Tf (§) Tj 1 0 0 1 125.75 424.349 Tm 88 Tz /OPBaseFont2 11 Tf (54.503.) Tj 1 0 0 1 75.799 402.75 Tm 98 Tz /OPBaseFont1 10 Tf (See 47 C.F.R.) Tj 1 0 0 1 134.849 401.099 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 142.3 402.75 Tm 97 Tz /OPBaseFont1 10 Tf (54.511\(c\).) Tj 1 0 0 1 70.299 385.699 Tm 58 Tz /OPBaseFont0 10 Tf (6) Tj 1 0 0 1 89 381.149 Tm 96 Tz /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 118.3 379.5 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 125.75 381.149 Tm 97 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0
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  • 1 0 0 1 70.799 187 Tm /OPBaseFont1 10 Tf (CC Docket No. 02-6, Order, 23 FCC Rcd 15510 \(2008\).) Tj 1 0 0 1 74.4 165.399 Tm 100 Tz (' 47 C.F.R.) Tj 1 0 0 1 121.9 163.75 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 129.349 165.399 Tm 97 Tz /OPBaseFont2 10 Tf (54.511\(a\).) Tj 1 0 0 1 71.25 148.349 Tm 48 Tz /OPBaseFont1 11 Tf (12) Tj 1 0 0 1 79.4 143.799 Tm 88 Tz /OPBaseFont2 11 Tf (See) Tj 1 0 0 1 96.7 143.549 Tm 91 Tz /OPBaseFont1 11 Tf (Schools and Libraries Universal Service, Services Ordered and Certification Form, 0MB 3060-0806 \(October) Tj 1 0 0 1 70.799
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  • Unified School District (dated Oct. 12, 2010) (regarding FY 2010 FCC Form 471 application 743075, FRNs 2006044, 2006074, 2006105, and 2006140) (collectively, FY 2009 and 2010 Funding Commitment Decision Letters (FCDLs)). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. 47 C.F.R. § 54.503(c). See, e.g., Request for Review of
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  • four requests from petitioners seeking 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 decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners violated sections 54.503 and 54.511 of the Commission's competitive bidding rules because they did not seek competitive bids for the services for which they were requesting E-rate support, they failed to demonstrate that price was the primary factor considered in their competitive bidding process, or they did not conduct a fair and open competitive bidding process. We further find that the petitioners have not demonstrated
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  • decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding process under Commission rules in effect at the time. We find that the petitioners listed in appendix B have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's rules because either (1) the errors they made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and abuse in
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  • May 16, 2011) (JDL Request for Review); Letter from Jacqueline P. Minor, Oakland Unified School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed May 16, 2011) (AEKO Request for Review) (together, Request for Review). 47 C.F.R. § 54.504(c) (2004). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.504(b)-(c). 47 C.F.R. § 54.511(a). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (current FCC Form 471). 47 C.F.R. § 54.504(c). See Cal. Pub. Cont. Code § 20103.5, 20111. FCC Form 470, Oakland Unified School District (posted Nov. 19, 2003) (Oakland
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-413A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-413A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-413A1.txt
  • precedent, we grant nine requests from petitioners seeking 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). Based on our review of the record, we find that good cause exists to justify a grant of these requests pursuant to sections 54.503 and 54.511 of the Commission's rules. We find that 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.
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  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
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  • was effective as of July 17, 1997) waited at least four weeks after the posting date of the FCC Form 470 on the USAC Schools and Libraries website before making commitments with the selected service providers (Section 54.504 (b) (4) which was effective as of February 12, 1998) considered all bids submitted and selected the most cost-effective service offering (Section 54.511 (a) which was effective as of July 17, 1997, with clarification included in FCC Order 03-101, paragraph 24, which was issued on July 15, 2003) did not surrender control of its competitive bidding process to a service provider that participated in that bidding process and did not include service provider contact information on its FCC Forms 470 or 471 (FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-101A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-101A1.txt
  • the delivery of duplicative services. Therefore, we conclude that this rule can be violated by the delivery of services that provide the same functionality for the same population in the same location during the same period of time. We recognize that determining whether particular services are functionally equivalent may depend on the particular circumstances presented. In addition, we amend section 54.511(a) of our rules to make clear that applicants must consider whether the service is cost effective. Eligibility of Wireless Services Under section 254(h)(1)(B), eligible schools, libraries, and consortia that include eligible schools and libraries, are eligible for discounts on telecommunications services. Accordingly, basic telephone service, which includes mobile and fixed wireless service, is eligible for discounts pursuant to the schools
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  • Ysleta may, consistent with state law, comply with our rules, there is no ``outright or actual'' conflict between Texas law and our rules. It is certainly possible for Texas school districts to comply with our requirements. Tennessee Order, 14 FCC Rcd at 13739, para. 10. Id. See Universal Service Order, 12 FCC Rcd at 9029-30, para. 481; 47 C.F.R. § 54.511(a). Ysleta suggests in a footnote that because the requirement that price be considered the primary factor is set forth in a Commission order rather than in our rules, it is subject to challenge, particularly because it conflicts with sections 54.504 and 54.511 of our rules. See Ysleta Request for Review at 15 n.5. We cannot agree that this language conflict
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  • convicted of a criminal violation or found civilly liable for actions relating to the schools and libraries program. The Commission also sought further comment on whether other circumstances not culminating in a criminal conviction or civil judgment warrant debarment. Schools and Libraries Second Order and Further Notice, 18 FCC Rcd at 9225-28 paras. 66-77, 9235-39 paras. 102-115. 47 C.F.R. § 54.511(a); see also Request for Review of the Decision of the Universal Service Administrator by Ysleta Independent School District et al., SLD No. 312479, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Order, FCC 03-313, paras. 47-55 (rel. Dec. 8, 2003). Universal
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  • steps in the application process, and receives the direct benefit of any services rendered. The school or library submits to USAC a completed FCC Form 470, setting forth its technological needs and the services for which it seeks discounts. The school or library is required to comply with the Commission's competitive bidding requirements as set forth in sections 54.504 and 54.511(a) of our rules and related orders. The school or library is the entity that submits FCC Form 471, notifying the Administrator of the services that have been ordered, the service providers with whom it has entered into agreements, and an estimate of the funds needed to cover the discounts to be provided on eligible services. To be sure, service providers
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  • funds disbursed to the beneficiary or service provider. We set forth below a number of examples to illustrate the applications of this principle. Competitive Bidding Requirements. We conclude that we should recover the full amount disbursed for any funding requests in which the beneficiary failed to comply with the Commission's competitive bidding requirements as set forth in section 54.504 and 54.511 of our rules and amplified in related Commission orders. For instance, it is appropriate to recover the full amount of funds disbursed for a funding request when the beneficiary signs a contract before the end of the 28-day posting period. Likewise, it is appropriate to recover the full amount disbursed in a situation where the beneficiary failed to consider price
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.txt
  • such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (``Form 471''), after entering into agreements for eligible services. After receiving the Form 471, USAC assigns a ``funding request number'' to each request for discounted services. USAC reviews the Form 471 and then, if the request is approved, issues funding commitment decision letters advising the applicants of the
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  • as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats
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  • to sections 54.719-54.721 of the Commission's rules. 47 C.F.R. §§ 54.719-54.721. 47 C.F.R. § 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. § 54.504(b)(2)(vii). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). See Request for Review of Decisions of the Universal Service Administrator by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33, para. 10 (2000). This form is to request discounts on those services and it contains the discount calculation worksheet and the discount funding request. The Form 471 generally
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  • in the Appendices and we will refer to all of these parties as Petitioners. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). See Appendix B. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
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  • C.F.R. §§ 54.504 (b)(4) and (c); see, e.g., Request for Review of the Decision of the Universal Service Administrator by Currituck County Schools, Federal-State Joint Board on Universal Service, File No. SLD-111040, CC Docket No. 96-45, Order, 15 FCC Rcd 5564, 5566, para. 6 (Com. Car. Bur. 2000) (Currituck County Schools Order). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services
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  • this Order, we grant in part and deny in part an appeal filed by Macomb Intermediate School District Technology Consortium, Clinton Township, Michigan (Macomb ISD) of a decision by the Universal Service Administrative Company (USAC) denying Macomb ISD funding for discounted services under the schools and libraries universal service support mechanism (E-rate program). We find that Macomb ISD violated section 54.511 of the Commission's rules by not selecting the most cost-effective service offering among the bids considered. We note, however, that Macomb ISD is entitled to E-rate program funding in an amount associated with the least expensive of the duplicative services. We therefore remand Macomb ISD's Request for Review to USAC for further review consistent with this Order and, to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. See Protecting Children in the 21st Century Act, Pub. L. No. 110-385, Title II, 122 Stat. 4096 (2008). 159 47 C.F.R. §§ 54.504, 54.511(c). 160 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470), available at http://www.usac.org/_res/documents/sl/pdf/470.pdf (last visited Sept. 14, 2010). The RFP must be available to all potential bidders for the duration of the bidding process. Id. 161 47 C.F.R. § 54.504(b)(3). 162 47 C.F.R. § 54.504(b)(4). 163 47 C.F.R. §
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  • (b) Competitive bid requirements. An applicant shall: (1) seek competitive bids for all eligible priority one services in accordance with state or local procurement requirements. If requested by the Administrator, each applicant bears the burden of demonstrating compliance with state or local procurement requirements. Unless there is an existing contract signed on or before July 10, 1997, pursuant to § 54.511(c), an applicant that is not subject to state or local procurement requirements shall follow the FCC Form 470 posting requirements as set forth in subsection (c) of this subpart to meet the competitive bidding requirements. (2) seek competitive bids for all eligible priority two services pursuant to the requirements established in this subpart, except as provided in § 54.511(c). These
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  • Tf (54.503 \(2011\);) Tj 1 0 0 1 361.2 53.549 Tm 91 Tz /OPBaseFont2 11 Tf (see also) Tj 1 0 0 1 396 53.549 Tm 88 Tz /OPBaseFont1 11 Tf (47 C.F.R.) Tj 1 0 0 1 437.75 51.649 Tm 65 Tz /OPBaseFont0 11 Tf (§) Tj 1 0 0 1 445.2 53.549 Tm 87 Tz /OPBaseFont2 11 Tf (54.511.) Tj ET endstream endobj 22 0 obj 6103 endobj 15 0 obj << /Dest [ 14 0 R /XYZ 0 792 null ] /Next 25 0 R /Parent 4 0 R /Prev 5 0 R /Title (page 2) >> endobj 26 0 obj << /BitsPerComponent 1 /ColorSpace /DeviceGray /DecodeParms << /Columns 2550 /K -1 >> /Filter /CCITTFaxDecode /Height 3300 /Length
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  • before July 10, 1997.) Tj 1 0 0 1 218.4 388.349 Tm 102 Tz /OPBaseFont1 9 Tf (See) Tj 1 0 0 1 234.7 388.349 Tm 108 Tz /OPBaseFont2 9 Tf (47 C.F.R.) Tj 1 0 0 1 276.699 386.899 Tm 80 Tz /OPBaseFont0 9 Tf (§) Tj 1 0 0 1 283.9 388.099 Tm 108 Tz /OPBaseFont2 9 Tf (54.511\(c\).) Tj 1 0 0 1 76.549 375.149 Tm 63 Tz (23) Tj 1 0 0 1 98.15 370.599 Tm 106 Tz (C.F.R.) Tj 1 0 0 1 127.4 369.149 Tm 75 Tz /OPBaseFont0 9 Tf (§) Tj 1 0 0 1 139.65 370.599 Tm 109 Tz /OPBaseFont1 9 Tf (54.504,) Tj 1 0 0 1 172.55 370.599 Tm 108 Tz
• 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
  • Adopting a window filing period 9 that begins when the administrative corporations begin to receive applications for support will Federal Communications Commission FCC 97-380 Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will 10 not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. §§ 54.500(b), 54.511(c). See, e.g., USTA at 2-3. 11 We note that the Commission has received petitions asking it to reconsider the extent to which support will 12 be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • Ed. at 1 (staff in rural Maine will likely have to work in the evenings in order to prepare their submission for universal service support). 10. Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. 54.500(b), 54.511(c). 11. See, e.g., USTA at 2-3. 12. We note that the Commission has received petitions asking it to reconsider the extent to which support will be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
  • utilized during the remainder of 1998 as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. § 54.511(d); see also 47 C.F.R. § 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
• http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
• 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
  • Adopting a window filing period 9 that begins when the administrative corporations begin to receive applications for support will Federal Communications Commission FCC 97-380 Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will 10 not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. §§ 54.500(b), 54.511(c). See, e.g., USTA at 2-3. 11 We note that the Commission has received petitions asking it to reconsider the extent to which support will 12 be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • Ed. at 1 (staff in rural Maine will likely have to work in the evenings in order to prepare their submission for universal service support). 10. Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. 54.500(b), 54.511(c). 11. See, e.g., USTA at 2-3. 12. We note that the Commission has received petitions asking it to reconsider the extent to which support will be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• 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
  • utilized during the remainder of 1998 as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. § 54.511(d); see also 47 C.F.R. § 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.txt
  • C.F.R. §§ 0.91, 0.291, and 54.722(a), that the appeal filed by Gustine Independent School District, Gustine, Texas, filed June 21, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1) and (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Letter from Dr. Carole Tarwater, Superintendent, Gustine Independent School District to the Schools and Libraries Corporation, dated March 3, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company to Dr. Carole Tarwater, dated May 25, 1999 (Administrator's Decision on Appeal). Letter from Dr. Carole Tarwater, Gustine Independent School District, to the Federal Communications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.txt
  • period of up to 180 days following the date of issuance of a Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254 (h)(1) (B); 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.504(b)(1), (b)(2). 47 C.F.R. § 54.504(b)(3), (b)(4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(b)(2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5993, para. 22 (1999). See also, 47 C.F.R. § 54.507(b)(2). Federal Communications Commission 99-2801 Federal Communications Commission DA 99-2801 � „0ý „0ý „0ý „0ý „0ý „0ý „0ý „`ú „0ý : M M &
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  • that the Administrator IS DIRECTED to implement the decision herein. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.511. See Letter of Mark MacAllister, Chatham County Schools, to Office of the Secretary, FCC, dated April 15, 1999 (Letter of Appeal), at 1-2. Id. See Letter of Schools and Libraries Division of the Universal Service Administrative Company to Mark MacAllister, Chatham County Schools, dated December 2, 1998 (Funding Commitment Letter). See Letter of Mark MacAllister, Chatham County Schools, to Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
  • 54.507(b)(2) of the Commission's rules, 47 C.F.R. § 54.507(b)(2), IS WAIVED for a period of up to 180 days following the date of issuance of any Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254(h)(1)(B); 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Joseph F. Sweeney, Superintendent, Runnemede Public Schools, to Federal Communications Commission, received September 10, 1999. Letter from Susan T. Milon, Technology Coordinator, Runnemede Public Schools, to Schools and Libraries Corporation, dated April 9, 1998. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joseph F. Sweeney, dated August 12, 1999 (Administrator's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.txt
  • this Order. For example, when a service provider went out of business, the Administrator permitted the applicant to choose a new service provider, provided that the new service provider had been part of the original competitive bidding process or the applicant chose the new service provider in conformity with the Commission's competitive bidding rules. See 47 C.F.R. §§ 54.504 and 54.511. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 4, 1999, at 2-3 (USAC service provider changes ex parte). Id. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 9, 1999, at 2 (USAC disbursements ex parte). In its letter, USAC explains that, during its annual
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.txt
  • Commission's rules, the SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.txt
  • (b)(3). In submitting FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. §§ 54.504, 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 @& „|ü ! 1 A Q a q � ` ¡ ± Á Ñ á ñ „0ý „0ý „0ý „0ý „0ý „0ý
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  • the Commission's rules. Both the separate written instructions for Item (10) and bold face words of instruction on Item (10) of the FCC Form 470 itself clearly state that the box should be checked only if the applicant seeks discounts for eligible services based on one or more existing, binding contract(s). Only applicants with existing contracts, as defined in section 54.511(c)(1) of the Commission's rules, are exempt from the Commission's competitive bidding requirement. That rule defines pre-existing contracts that do not have to be posted on the web site for competitive bidding as those signed after July 10, 1997 but prior to January 30, 1998, the date upon which the SLD web site became operational. Thus, the tariffed services in question
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000177.doc
  • Commission's rules, the SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on, or prior to, July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.txt
  • 0.291, and 54.722(a), that the Letter of Appeal filed on July 2, 1999, by Currituck County Schools, Currituck, North Carolina, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Jesse Stallings, Currituck County Schools, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). 47 C.F.R. § 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.txt
  • At the same time, however, the Commission sought to prevent incumbent carriers from using long-term contracts as a means to prevent potential competitors from offering alternative service packages to schools and libraries. In light of these considerations, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through December 31, 1998. However, in order to ensure that schools and libraries contracting for services between July 10, 1997 and January 30, 1998
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.txt
  • CC Docket 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part and remanded in part, Texas Office of Public Utility Council 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. 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.511(c). Under SLD's procedures, even applicants that have pre-existing contracts are required to wait 28 days before filing their Form 471. 47 C.F.R. § 54.504(c). Respectively, USCN 742430000155751 and USCN 586470000159312. The SLD subsequently discovered that Methacton would be receiving its telecommunications services pursuant to a tariff, not a contract, and therefore Methacton should have indicated a ``T'' instead of a
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  • 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on April 21, 2000, by Minor High School, Adamsville, Alabama, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Van Phillips, Minor High School, to Federal Communications Commission, filed April 21, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). 47 C.F.R. § 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.txt
  • Division Common Carrier Bureau Letter from Christina Skowronek, Our Lady of Guadalupe School, to the Federal Communications Commission, filed May 23, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.txt
  • Division Common Carrier Bureau Letter from L. Michael Smithmier, St. Pius X High School, to Federal Communications Commission, filed March 29, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Linda Phifer, Wilmington CUSD #209-U, to the Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001857.doc
  • 54.722(a), that the appeal filed by Huron City School District, Huron, Ohio, on May 24, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Donald Pflieger, Huron City Schools, to the Federal Communications Commission, filed May 24, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001859.doc
  • Valley Public School District #4, Tower City, North Dakota, on April 28, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ron Stahlecker, Maple Valley Public School District #4, to the Federal Communications Commission, filed April 28, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001861.doc
  • and 54.722(a), that the appeal filed by Wayne Community Schools, Corydon, Iowa, on May, 18, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Mason, Wayne Community Schools, to the Federal Communications Commission, filed May 18, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.txt
  • Universal Service Administrative Company, to Ronald K. MacClay, Medford Township Board of Education, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education, dated April 17, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.txt
  • Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Metuchen School District, dated August 24, 1999 (Funding Commitment Decision Letter); Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald MacClay, Metuchen School District, dated May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.txt
  • Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District 721, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District No. 721, dated April 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Joyce S. Friske, Jenks Public Schools, to Federal Communications Commission, filed May 2, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Suzanne W. Griffin, Richmond County Schools, to Federal Communications Commission, filed May 4, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.txt
  • to Les Goto, Niu Valley Intermediate School, dated May 4, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated Jul. 8, 1999; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated May 4, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.txt
  • Corporation of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, Request for Review, filed April 28, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Oct. 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Apr. 25, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.txt
  • and 54.722(a), that the Letter of Appeal filed on February 9, 2000, by Bancroft-Rosalie Community Schools, Bancroft, Nebraska, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Dr. Jon Cerny, Bancroft Rosalie Community Schools, to Federal Communications Commission, filed February 9, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). See Schools and Libraries Universal Service, Services Order and Clarification Form, OMB 3060-0806 (FCC Form 471), Block 5, Item 15; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered, and Certification Form, OMB 3060-0806. Letter of the Schools and Libraries Division
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.txt
  • Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002722.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002722.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS' FCC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.txt
  • to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation of the 28-day posting requirement where applicant signed Form 471 one day before expiration of 28-day waiting
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00100.doc
  • 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds), petitions for cert. pending. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. §§ 54.504(b)(3), (b)(4); 54.511(a). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). Universal Service Administrative Company, Schools and Libraries Division, ``SPIN Correction and Change Procedures,'' SLD web site, /http:/www.sl.universalservice.org/Reference/spin.asp. For example, an applicant alleging that its originally chosen service provider refuses to participate in the schools and libraries support mechanism must provide documentation of the provider's refusal to participate and the applicant's notification to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.txt
  • the Commission's rules. Accordingly, we grant the requests for review and remand those applications to SLD for further processing. Circumstances Do Not Warrant a Waiver of Our Competitive Bidding requirements. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 54.504, 54.511, 54.719 and 54.722 of the Commission's rules, 47 C.F.R. §§ 54.504, 54.511, 54.719 and 54.722, that the November 24, 1999, December 16, 1999, and January 13, 2000, Letters of Appeal filed by MasterMind Internet Services, Inc., ARE DENIED IN PART and REMANDED IN PART FOR FURTHER PROCESSING TO THE EXTENT PROVIDED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Request
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.txt
  • Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.txt
  • Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.txt
  • Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.txt
  • Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.txt
  • 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2. ``Instructions for Completing the Schools and Libraries Universal Service Services Ordered
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.txt
  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.txt
  • Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.txt
  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June 6, 2000 (Administrator's Decision on Waiver Request). See Waiver
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.txt
  • FCC Form 471 state that the date of signature for the FCC Form 471 ``CANNOT be earlier than the 29th day following the posting of the associated FCC Form 470 to the [SLD] Web Site.'' As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010854.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010854.txt
  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior funding
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.txt
  • the Commission's rules, SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011035.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011035.txt
  • Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service Administrative
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011036.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011036.txt
  • Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999) at
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011037.txt
  • and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011118.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011118.txt
  • 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011119.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011119.txt
  • 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division, to John Lavelle, Homer Community Consolidated School District 33C,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.txt
  • School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision on Waiver Request); see also Letter from Schools and
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  • Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.txt
  • Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.txt
  • by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. §§ 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sister Elizabeth, Powhatan School, dated July 25, 2000 (Administrator's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.txt
  • Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011363.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011363.txt
  • March 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon, dated April 28, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon and Heidi McDuffie, dated February 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing window deadline of April 6, 1999 had closed). Letter
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  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. § 54. 504(b)(4). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(c). 47 C.F.R. §54.511(c)(i). Respectively, FCC Form 470, Altoona Area School District, USCN 924720000103034, filed April 14, 1998, and FCC Form 470, Altoona Area School District, USCN 798540000102256, filed April 14, 1998. Id. Since SLD is unable to locate the original forms filed by Altoona, we must rely on the copies of the Form 470s and Form 471s that Altoona submitted
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  • Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd 6732,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.txt
  • Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter from Schools and Libraries Division, Universal Service Administrative Company,
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  • bid requirements for the life of the contract; and (2) a contract signed after July 10, 1997, but the [ January 30, 1998] date on which the universal service competitive bid system became operational, is exempt from the competitive bid requirements only with respect to services that are provided under such contract for the first funding period. 47 C.F.R. §§ 54.511(c)(1)(i) and (ii); 54.511(d). FCC Form 470, "Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470)" at 7. See also Federal-State Joint Board on Universal Service and Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure, and Pricing End User Carrier Common Line Charge, CC Docket
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  • Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September
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  • Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as a request for waiver. Letter from Schools and Libraries
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  • County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24
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  • provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny School
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  • it is evident that Brockton did not request discounts for services provided pursuant to a tariff. We note that the instant appeal is distinguishable from prior appeals we have denied for failing to comply with the Commission's 28 day competitive bidding requirement, in that Brockton actually seeks discounts for a contract that meets one of the exceptions described in section 54.511(c) of the Commission's rules for existing, binding contracts. Indeed, based on the record, SLD should have been able to discern that Brockton had an exempt contract during its review of the appeal. The FCC Form 470 that Brockton cited to in its appeal to SLD, clearly indicates that Brockton had an existing, binding contract with New England Telephone and Telegraph
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  • New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
  • City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
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  • School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State
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  • (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. § 54.504(b)(4). See FCC Form 471,
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  • Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c); 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. § 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See
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  • the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). In Funding
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  • Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie
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  • Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • GTE Service Corp. v. FCC, 121 S.Ct. 423 (November 2, 2000 Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Block 3. 47 C.F.R. § 54.511(c). FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 261340000137230, filed January 14, 1999. FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 390330000120972, filed January 14, 1999. Id. FCC Form 471, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, filed March 31, 1999,
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  • by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour
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  • by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. § 1.3. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012136.txt
  • County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } Ñ
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012185.txt
  • the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >>. The filing
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012219.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012219.txt
  • Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.txt
  • a FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
  • Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012292.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012292.txt
  • Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012328.txt
  • County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >. FCC Form
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012330.txt
  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000. Letter from Schools and Libraries Division, Universal Service Administrative
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012332.txt
  • Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.txt
  • Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012401.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012401.txt
  • is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W.
• http://www.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
• http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
• http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.pdf
  • 2003; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mark Stevenson, Send Technologies, L.L.C., dated January 20, 2004; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven J. Katz, on behalf of Union Parish School Board, dated January 20, 2004 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). 47 C.F.R. § 54.504(b). FCC Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal
• http://www.fcc.gov/wcb/tapd/universal_service/schoolsandlibs.html
  • they made in submissions to the Universal Service Administrative Company for support under the E-rate program. DA 12-240 Order: [124]Word | [125]Acrobat 2/22/12 Aberdeen School District, Aberdeen, WA, et al: The Wireline Competition Bureau grants 37 appeals after finding that the petitioners either conducted a fair and open competitive bidding process or demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's competitive bidding rules. DA 12-248 Order: [126]Word | [127]Acrobat 2/22/12 Laurens County School District, Clinton, SC: The Wireline Competition Bureau denies four appeals after finding that the petitioners violated the Commission's competitive bidding rules. DA 12-247 Order: [128]Word | [129]Acrobat 2/22/12 Al-lhsan Academy, South Ozone Park, NY: Consistent with precedent, we grant one and deny 16 requests
• http://www.fcc.gov/wcb/tapd/universal_service/welcome.html
  • five requests from petitioners to correct clerical errors they made in submissions to the Universal Service Administrative Company for support under the E-rate program. [216]Word|[217]PDF 2/22/2012 Aberdeen School District Order: The Wireline Competition Bureau grants 37 appeals after finding that the petitioners either conducted a fair and open competitive bidding process or demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's competitive bidding rules. [218]Word|[219]PDF 2/22/2012 Laurens County School District Order: The Wireline Competition Bureau denies four appeals after finding that the petitioners violated the Commission's competitive bidding rules. [220]Word|[221]PDF 2/22/2012 Al-Ihan Academy Order: Consistent with precedent, we grant one and deny 16 requests from petitioners seeking review of decisions made by the Universal Service Administrative Company under
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1424A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1424A1.pdf
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, ¶ 66; Program Management Order, 22 FCC Rcd at 16387, ¶ 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 ¶¶ 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf
  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2574A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2574A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2574A1.txt
  • Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2722A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2722A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2722A1.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS' FCC
• 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
  • to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation of the 28-day posting requirement where applicant signed Form 471 one day before expiration of 28-day waiting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1035A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1035A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1035A1.txt
  • Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service Administrative
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1036A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1036A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1036A1.txt
  • Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999) at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1037A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1037A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1037A1.txt
  • and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1118A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1118A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1118A1.txt
  • 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• 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
  • 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division, to John Lavelle, Homer Community Consolidated School District 33C,
• 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
  • School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision on Waiver Request); see also Letter from Schools and
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  • Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. §§ 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sister Elizabeth, Powhatan School, dated July 25, 2000 (Administrator's
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  • Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
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  • North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing window deadline of April 6, 1999 had closed). Letter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-147A1.txt
  • Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
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  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. § 54. 504(b)(4). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(c). 47 C.F.R. §54.511(c)(i). Respectively, FCC Form 470, Altoona Area School District, USCN 924720000103034, filed April 14, 1998, and FCC Form 470, Altoona Area School District, USCN 798540000102256, filed April 14, 1998. Id. Since SLD is unable to locate the original forms filed by Altoona, we must rely on the copies of the Form 470s and Form 471s that Altoona submitted
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  • Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd 6732,
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  • Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter from Schools and Libraries Division, Universal Service Administrative Company,
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  • bid requirements for the life of the contract; and (2) a contract signed after July 10, 1997, but the [ January 30, 1998] date on which the universal service competitive bid system became operational, is exempt from the competitive bid requirements only with respect to services that are provided under such contract for the first funding period. 47 C.F.R. §§ 54.511(c)(1)(i) and (ii); 54.511(d). FCC Form 470, "Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470)" at 7. See also Federal-State Joint Board on Universal Service and Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure, and Pricing End User Carrier Common Line Charge, CC Docket
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  • Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September
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  • Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as a request for waiver. Letter from Schools and Libraries
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  • County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24
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  • provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny School
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  • it is evident that Brockton did not request discounts for services provided pursuant to a tariff. We note that the instant appeal is distinguishable from prior appeals we have denied for failing to comply with the Commission's 28 day competitive bidding requirement, in that Brockton actually seeks discounts for a contract that meets one of the exceptions described in section 54.511(c) of the Commission's rules for existing, binding contracts. Indeed, based on the record, SLD should have been able to discern that Brockton had an exempt contract during its review of the appeal. The FCC Form 470 that Brockton cited to in its appeal to SLD, clearly indicates that Brockton had an existing, binding contract with New England Telephone and Telegraph
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  • New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See
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  • City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
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  • School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State
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  • (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. § 54.504(b)(4). See FCC Form 471,
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  • Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c); 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. § 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See
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  • the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). In Funding
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  • Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie
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  • Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • GTE Service Corp. v. FCC, 121 S.Ct. 423 (November 2, 2000 Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Block 3. 47 C.F.R. § 54.511(c). FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 261340000137230, filed January 14, 1999. FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 390330000120972, filed January 14, 1999. Id. FCC Form 471, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, filed March 31, 1999,
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  • by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour
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  • by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. § 1.3. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } Ñ
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  • the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >>. The filing
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  • Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • a FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
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  • Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries
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  • Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board
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  • County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >. FCC Form
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  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000. Letter from Schools and Libraries Division, Universal Service Administrative
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  • Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools
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  • Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC
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  • is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W.
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  • Brunswick, New Jersey, on March 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jamie Savedoff, East Brunswick Public Schools, to Federal Communications Commission, filed March 28, 2001 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Id. 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. See FCC Form 470, the East Brunswick Public Schools, East Brunswick, New Jersey, filed March 7, 2001 (East Brunswick FCC Form 470). See Letter from Jamie Savedoff, East Brunswick Public Schools, to the Universal Service Administrative Company, filed
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  • Bellevue Public Library, Bellevue, Iowa, on February 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Marian L. Meyer, Bellevue Public Library, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (undated) (Year 1 Form 470 Instructions). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification
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  • School District, Forest, Mississippi, on August 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Ed Leonard, Forest Municipal School District, to Federal Communications Commission, filed August 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. FCC Form 471, Forest Municipal School District, Forest, Mississippi, filed January 24, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing
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  • Lake Eola Charter School, Orlando, Florida, on November 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sharon Morell, Lake Eola Charter School, to Federal Communications Commission, filed November 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. Id. FCC Form 471, Lake Eola Charter School, Orlando, Florida, filed January 31, 2000. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Waiver Request. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3
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  • to Federal Communications Commission, filed July 3, 2000 (Mundelein Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. >. >; see 47 C.F.R. § 54.507(g). The Commission's funding priority rules for applications submitted during the filing window provide that, for all discount categories, requests for telecommunications services and for Internet access shall receive first priority for
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  • District, to Federal Communications Commission, filed February 22, 2000 (Waiver Request). Although Trinity termed its letter an appeal, we consider it as a Waiver Request because it seeks a waiver of our rules governing the filing window. See 47 C.F.R. § 1.3. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. Trinity's reference in its Waiver Request to ``Funding Year 1997/98'' is in error, as Funding Year 1, the first year of the schools and libraries universal service support mechanism, began in 1998. FCC Form 470, Trinity Area School District, filed February 10, 1998. FCC Form 471,
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  • Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(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 7. 47 C.F.R. § 54.504(c); FCC Form 471, Block 5. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Walter A. Taylor, South Carolina Budget and Control Board, Office of Information Resources, dated
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  • Request filed by Winnebago Public Schools, Winnebago, Nebraska on June 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Raymond Girard, Winnebago Public Schools, to Federal Communications Commission, filed June 16, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). 47 C.F.R. § 54.507(g). >. Federal-State Joint Board on Universal Service, Universal Service Support for Eligible Schools and Libraries, Year 3 Filing Window, CC Docket No. 96- 45,
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  • on May 22, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dr. Mary Walters and George Duke, West Jasper School District, to Federal Communications Commission, filed May 22, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. > (noting that for
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  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, the existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior
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  • However, in Block 1, item 2, the funding year indicator, 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
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  • by Edgerton Public School, Edgerton, Minnesota, on August 15, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from LeRoy Domagala, Edgerton Public School, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for
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  • It is apparent from the text of the Waiver Request that Helena intended to seek a waiver regarding application NEC.471.04-26-00.32200001, which was filed outside the filing window on April 26, 2000. We therefore consider Helena's Waiver Request only with respect to application NEC.471.04-26-00.32200001. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • were required to make certain certifications.10 Applicants that filed their FCC Form 471s electronically had to print out a Block 6 certification page at the end of the on-line application filing process and then, after signing and dating the certification page, were required to separately submit it by mail.11 3 47 C.F.R. §§ 54.502, 54.503. 4 47 C.F.R. §§ 54.504, 54.511(c). 5 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 6 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 7 Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB
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  • herein, and Sacramento's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sally Savona, Sacramento City Unified School District, filed August 3, 2001. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request, Attachments. The overnight courier Fedex picked up Sacramento's FCC Forms 471 on January 18, 2001. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). Federal Communications Commission DA 01-2807 Federal Communications Commission DA 01-2807 d e ë ì � v
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  • Library, Peace Dale, Rhode Island, on July 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Lachowicz, South Kingstown Public Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. FCC Form 470, South Kingstown Public Library, filed December 20, 1999 (South Kingstown FCC Form 470). Id. Id. South Kingstown filed its FCC Form 471 on March 8, 2000. FCC Form 471, South Kingstown Public Library, Peace Dale, Rhode Island,
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  • Jersey, on September 4, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John W. Van Der Brink, Netherlands Reformed Christian School, to Federal Communications Commission, filed September 4, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. FCC Form 470, Netherlands Reformed Christian School, filed January 11, 2001. FCC Form 471, Netherlands Reformed Christian School, filed February 15, 2001. Under program rules in effect in Funding Year 4, FCC Forms 471 were deemed filed when received by SLD. Instructions for Completing the Schools
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  • 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. The Commission's rules provide that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, as described in the instructions for completing FCC Form 470, services received solely pursuant to a tariff do not constitute a "pre-existing contract," and
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  • Smackover Public Schools, Smackover, Arkansas, on July 18, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Leland Watts, Smackover Public Schools, to Federal Communications Commission, filed July 18, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request. FCC Form 470, Smackover Public Schools, Smackover, Arkansas, filed January 5, 2000 (Form 470). Id. Smackover filed its FCC Form 471 on February 17, 2000. FCC Form 471, Smackover Public Schools, Smackover, Arkansas, filed February 17, 2000. Letter
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  • School, filed June 30, 2000; Letter from Peter M. Bolz, Sr., Dietrich School District No. 314, filed March 1, 2000; Letter from Roy M. Lanier, Laredo Independent School District, filed March 3, 2000; Letter from Wendy Alexander, Rosendale Library, filed February 28, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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  • 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2. ``Instructions for Completing the Schools and Libraries Universal Service Services Ordered
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
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  • Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
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  • from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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  • Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
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  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June 6, 2000 (Administrator's Decision on Waiver Request). See Waiver
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  • FCC Form 471 state that the date of signature for the FCC Form 471 ``CANNOT be earlier than the 29th day following the posting of the associated FCC Form 470 to the [SLD] Web Site.'' As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior funding
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  • the Commission's rules, SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • Federal Communications Commission, filed August 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Starting with the application process for Funding Year 4, SLD, in consultation with the Commission, directed that FCC Forms 471 would be considered filed when postmarked, not when received. The new policy is designed to ensure that applicants are held harmless in the event of a failure
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  • Corporation, CC Docket Nos. 96-45 and 97-21, Request for Review, filed October 22, 2001(Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • 13, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). See Waiver Request. 47 C.F.R. §§ 54.502-54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Tuxedo Park School, filed January 26, 2001 (postmarked envelope). Waiver Request; see also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ann Doherty Cooke, Tuxedo Park School, dated October 31, 2001 (Administrator's Decision on
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  • filed September 4, 2001) (together referred to as Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). 47 C.F.R. §§ 54.504(b), 54.511 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c), 54.507(c). See SLD website, FCC Form 471 Window Opens for Year 4 Applicants (November 2, 2000), ; SLD website, Urgent Reminder of Filing Requirements for Year 4 (January 12, 2001) ; see also Waiver Request at 2. See, e.g., Request for Waiver by Ballard Community School District, Federal-State Joint Board on Universal
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  • Molalla River School District, to Federal Communications Commission, filed July 2, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). 47 C.F.R. §§ 54.504(b), 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, More Than 32,000 Applications For E-Rate Discounts In Year Two (April 1999) . See SLD website, Consideration of Additional Post-Window Year 2 Applications (March 1, 2000) . See id. SLD website, Form 471 Window Closes January 19, 2000 at 11:59 PM ET (December 6, 1999),
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  • North Carolina Department of Commerce - SIPS, Wright School, to Federal Communications Commission, filed May 31, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (September 1999) (FCC Form 470 Instructions), at pp. 2-3. >. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure
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  • the arguments contained therein. See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company (Administrator) may seek review from the Commission. 47 C.F.R. § 54.719(c). See Waiver Request. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). SLD website, What's New (November 2, 2000) . FCC Form 471, Ridgefield Public Schools, filed January 31, 2001 (application 264165 with applicant having identified the form by reference to its request for support for ``telephone service'') (electronic portion of form submitted on January 30, 2001). Id. (postmark of
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  • School, to Federal Communications Commission, filed March 22, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. § 54.504(c). FCC Form 471, Saint Mary School, filed December 13, 1999 (Saint Mary Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Phillis A.
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  • Education, to Federal Communications Commission, filed March 14, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Request for Review by Danbury Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-NEC.471.04-13-00.31900001, CC Dockets No. 96-45 and 97-21, Order, DA 01-1251, n.8 (Com. Car. Bur. rel. May 23, 2001). >. >.
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  • High School, Bonesteel, South Dakota, on August 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Loris J. Lindskov, Bonesteel-Fairfax High School, to Federal Communications Commission, filed August 3, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Morris H. Bates, Bonesteel-Fairfax High School, dated October 5, 1999 (Year 2 Funding Decision Commitment Letter). See Waiver Request; Letter from Schools and Libraries Division, Universal Service Administrative Company to Loris Lindskov, Bonesteel-Fairfax High
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  • Commission, filed August 20, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). > (Funding Year 4 Minimum Processing Standards). >. Request for Review. Request for Review, Attachment. Request for Review. FCC Form 471, Baxter County Library, filed February 14, 2001 (Baxter Form 471). Id. 02-1511 02-1511 � (R)
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  • in original)) The following contracts are exempt from the competitive bidding requirements: (1) contracts signed before July 10, 1997 for the life of the contract; (2) contracts for Funding Year 1 signed between July 10, 1997 and January 30, 1998; and (3) contracts signed pursuant to the Commission's competitive bidding requirements in a prior funding year. 47 C.F.R. §§ 54.504, 54.511(c) (first two exceptions); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para. 10 (third exception). See also Request for Review of the Decision of the Universal Service Administrator by Antioch Unified School District, File No. SLD-139333, CC Dockets No. 96-45 and 97-21, Order, DA 01-412 (Com. Carr. Bur.
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  • Year 3, is now called Funding Year 2000. The funding period that began on July 1, 2001 and ended on June 30, 2002 is now known as Funding Year 2001, and so on. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. § 54.511(b). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 4 (September 1999) (FCC Form 470 Instructions). 47 C.F.R. § 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, 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).
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  • Letter from Lynn Bollman, Wexford-Missaukee Independent School District, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • notify the Administrator of the services that have 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 Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' In relevant part, under section 54.511(c)(1), contracts entered into on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract, and need only report the pre-existing contract on an FCC Form 470 in order to seek discounts for the services provided under the contract. However, voluntary extensions of such contracts are not exempt from competitive bidding requirements. The
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  • Competition Bureau Letter from Wilfred Volesky, Beulah Public Schools, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999), at 2-3. >. FCC Form 471 Instructions, at 24. FCC Form 471, Beulah Public Schools, filed April 13, 1999 (Beulah FCC Form 471). Beulah FCC Form 471 Attachment. Id. Id. Id. Id. Letter
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  • discussed further below. 47 C.F.R. §§ 54.502, 54.503. This limited exception exempts from competitive bidding requirements: (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur. 1999), para. 10
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  • Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See
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  • Carrier Bureau Letter from Linda Davidson, Georgetown Public Library, to Federal Communications Commission, filed October 9, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • Communications Commission, filed March 6, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2, 2000) . Therefore, in Funding Year 4, applicants had to postmark the FCC Form 471 by midnight on January 18, 2001. Waiver Request. Id. This notice is the standard notice used for closing the SLD website for a certain
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, under section 54.511(c)(1), contracts entered into on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are also exempt from the competitive bidding requirements, but only for services provided through December
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  • 2001 and Jan. 4, 2002). Because the March 7, 2000 Pink Postcard was issued before August 13, 2001, the extended appeal period does not apply to Lincoln County. See 47 C.F.R. § 54.720(b). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(b). Applicants with multi-year contracts in existence before July 11, 1997 are exempt from this requirement. See 47 C.F.R. § 54.511(b). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c); See also Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806, at 2-3 (September 1999) (FCC Form 471 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
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  • Letter from Vol Woods, Salina Independent School District 16, to Federal Communications Commission, filed April 11, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • the State Master Contract with Sprint Telecommunications, d/b/a Carolina Telephone Service, as the service provider. Petitioners note that the service agreement with Sprint was a multi-year contact. Petitioners indicate that as they understand the program rules, a contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements for the life of the contract, citing section 54.511 of the Commission's rules in support. Petitioners also reference the terms of the service agreement, which provide that ``[T]his agreement will be automatically renewed and extended on a month to month basis from the referenced termination date unless either party gives written notice to the other of an intention to terminate the agreement.'' Petitioners maintain that the month-to-month service is
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  • 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. The Commission's rules further provide that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, an existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior
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  • The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules also provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are exempt from the competitive bidding requirement for services provided through June 30, 1999, the end
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • Service First Report and Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. § 54.511(a). Universal Service Order, at 9029, para. 481. Additional factors that an applicant should consider-when permitted by state and local procurement rules-include ``prior experience, including past performance; personnel qualifications, including technical excellence; management capability, including schedule compliance; and environmental objectives.'' Id.; see also Request for Review by the Department of Education of the State of Tennessee of the Decision of the
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  • ended on June 30, 2000, previously known as Funding Year 2, is now called Funding Year 1999. The funding period that began on July 1, 2000 and ended on June 30, 2001 is now known as Funding Year 2000, and so on. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504 (b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504, 54.511(c), 54.511(d)(1). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470), OMB 3060-0806 (September 1999) (Form 470 Instructions), at 4. 47 C.F.R. § 54.511(d)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order),
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  • Federal Communications Commission, filed March 30, 2001 (Waiver Request). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Forms 471, Newtown Public Schools, filed January 20, 2000. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See, e.g., Request for Review by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • Pend Oreille County Library District, to Federal Communications Commission, filed May 21, 2001 (Request for Review). See Request for Review. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • Elementary School, Detroit, Michigan, to Federal Communications Commission, filed April 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated June 16, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Smith, dated March 19, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
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  • District, to Federal Communications Commission, filed April 30, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, What's New (December 6, 1999), . >. See Letter from Ben R. Carosi, Pearl River School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 17, 2000 (Request Letter), at 1; FCC Form 470, Pearl River Public School District, App. No.
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  • for review) with 47 C.F.R. 1.3 (governing waiver requests). See Waiver Request. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. See 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. See FCC Form 471, Springdale Public Schools, filed January 26, 2000. See Letter from Jim Rollins, Springdale Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed January 22, 2001. See Administrator's Decision on Appeal. See Waiver Request. See id. See id. Northeast Cellular Telephone
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
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  • Center ISD, Cotton Center, Texas, on June 13, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Keith E. Gast, Cotton Center ISD, to Federal Communications Commission, filed June 13, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request, Attachment. Id.; FCC Form 470, Cotton Center ISD, posted January 3, 2000. The fact that SLD did not post the form until seven days after receiving it is irrelevant in this instance. Because SLD did not receive the
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  • and Frazier's application IS REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau See Letter from Tom Shetterly, Frazier School District, to Federal Communications Commission, filed August 17, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. >. Id. See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See Request for Review by Hardee County School Board et al., Federal-State Joint
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  • August 15, 2000, IS DENIED to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Diane Hutchinson, Pottsville Area School District, to Federal Communications Commission, filed August 15, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). > (``SLD will not accept Year 2 applications received after March 31, 2000.''). FCC Form 470, Pottsville Area School District, filed December 28, 1999 (Pottsville Form 470). We note that July 1, 1999 through June 30, 2000 was Funding Year 2 of the schools and libraries program. Problem
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  • Horizons School, Scottsdale, Arizona, on July 12, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Harry Stelling, Jr., Scottsdale Horizons School, to Federal Communications Commission, filed July 12, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. Letter form Harry Stelling, Jr., Scottsdale Horizons School, to Universal Service Administrative Company, filed January 20, 2000 (Appeal Letter). FCC Form 470, Scottsdale Horizons School, filed December 13, 1999. Appeal Letter at 2. Id. Id. Id. FCC Form 470, Scottsdale Horizons School, filed December 13,
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  • See Request for Review (listing Ms. Sand's contact information as a Total Com address); see also Letter from Eti Wise, Total Com USA, to Schools and Libraries Division, Universal Service Administrative Company, undated, indicating Total Com's designation as an authorized representative of SDAS. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (Form 471 Instructions). > (directing applicants to file Item 21
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  • because Waikiki asserts that it filed its application in a timely manner and that SLD is mistaken as to the date the application was filed, we treat Waikiki's request as a Request for Review under our rules. See 47 C.F.R. § 54.719. Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. See FCC Form 471, Waikiki Elementary School, filed February 17, 2000 (Waikiki Form 471). Request for Review. Id. See Waikiki Form 471. See Request for Review by Old Town School Department, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Communications Commission, filed June 26, 2000 (Alpine Waiver Request); Letter from Timothy J. Frederiks, Hopatcong Borough Schools, to Federal Communications Commission, filed June 2, 2000 (Hopatcong Waiver Request); Letter from Gladys Oppold, St. Athanasius School, to Federal Communications Commission, filed June 29, 2000 (St. Athanasius Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See SLD website, SLD Announces Availability of New Forms (October 19, 1999) . See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (October 2000) (Form 471 Instructions). See
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  • Huron Waiver Request); Letter from Dennis J. Corsaro, Silver Creek Central School District, to Federal Communications Commission, filed July 26, 2000 (Silver Creek Waiver Request); Letter from Allen Burgad, Stanley Community Schools, to Federal Communications Commission, filed July 5, 2000 (Stanley Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). See 47 C.F.R. § 54.507(c). See 47 C.F.R. § 1.7. >. See Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order, 13 FCC Rcd 14915, 14925, para. 16 n.39 (1998). >. Id. See SLD website, SLD Announces Availability of New
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  • Letter from Lynn A. McIntosh, Chickasaw Regional Library System, to Federal Communications Commission, filed July 18, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). See FCC Form 471, Chickasaw Library System, filed June 3, 1999 (Year 2 Form 471); Letter from Schools
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  • Enoch Pratt's request as a Waiver Request seeking waiver of our filing window, because Enoch Pratt denies that its applications were filed late, we properly treat it here as a Request for Review. See 47 C.F.R. § 54.719 et seq. (governing requests for review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Request for Review. Once an FCC Form 471 was received by SLD in Funding Year 1, it was given a date-stamped Application Control Number. Once an application was data-entered, it was given a six-digit File Number. Applications that were untimely were not data-entered, and therefore, did not receive
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  • on July 17, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy R. Carwile, Governor's School for Global Economics and Technology, to Federal Communications Commission, filed July 17, 2000 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. FCC Form 470, Governor's School for Global Economics and Technology, filed December 27, 1999. Id. FCC Form 471, Governor's School for Global Economics and Technology, filed February 3, 2000; FCC Form 471, Governor's School for Global Economics and Technology,
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  • to Federal Communications Commission, filed April 16, 2001 (Request for Review). Id. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). > (Minimum Processing Standards). Minimum Processing Standards. Minimum Processing Standards. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999), at 19 (FCC Form 471 Instructions). FCC Form 471, School District of Volusia County, filed January 19, 2000. Id. at Block 5, Item 12. Letter
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  • Company, to Paul F. Kolmetz, Henrico County School District, dated July 17, 2000 (Rejection Letter). Request for Review, at 1. Id. Id. See SLD Year 2 Program Description, at 12 (December 1998). Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060-0806 (September 1998) (Form 470 Instructions), at 4. 47 C.F.R. § 54.511(c). See FCC Form 470, Henrico County School District, App. No. 283996952970000, filed December 20, 1999; Henrico Form 471, at 2-3. 02-83 02-83 < = q r A C
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  • School, Tuxedo Park, New York, on January 30, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James T. Burger, Tuxedo Park School, to Federal Communications Commission, filed January 30, 2001 (Waiver Request). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request, at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, File No. SLD-13364, CC
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  • an agreement, and an estimate of funds needed to cover the discounts to be given for eligible services. The Administrator the issues a funding commitment decision letter based on its review of the FCC Form 471. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement only under certain circumstances. Section 54.511(c)(1) provides that contracts signed after July 10, 1997 and before January 30, 1998 would be exempt from the competitive bidding requirement for services provided through December 31, 1998. To ensure that schools and libraries contracting for services between July 10, 1997 and January 30, 1998 did not negotiate long-term contracts and avoid the competitive bidding requirement altogether, the Commission limited
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  • consistent with this opinion. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Pamela Kimball and A. Keith Ober, Alton Elementary School - Maine School Union #90, to Federal Communications Commission, filed October 4, 2000 (Request for Waiver). Id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4), § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Request for Waiver, at 1; see also FCC Form 470, Alton Elementary School, posted December 29, 1999 (Alton Form 470) (indicating a certification received date of December 15, 1999). Request for Waiver, at 1. Alton Form 470. FCC Form 471, Alton Elementary School, filed January 26, 2000.
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  • Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated July 23, 2001 (Funding Commitment Decision Letters); Letters from Schools and Libraries Division, Universal Service Administrative Company, to Patricia M. Hollman, Albany Public Library, dated October 1, 2001 (Administrator's Decision on Appeal Letters). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
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  • 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 a Form 471'' as justification for its Request for Review. Administrator's Decision on Appeal at 2 (citing 47 C.F.R. §§ 54.504, 54.511 (a), (c)). Note that this exception is of limited scope and only applies to applicants that have "pre-existing contracts," as defined by the Commission's rules. In particular, a signed contract between an eligible school, library, or consortium for services eligible for discounts under the schools and libraries universal service support mechanism is exempt from the Commission's competitive bidding requirements as
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  • the funding period which began on July 1, 2001 and ended on June 30, 2002 is now called Funding Year 2001. The funding period which began on July 1, 2002 and ends on June 30, 2003, previously described as Funding Year 5, is now called Funding Year 2002, and so on. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See id. The funding period which began on January 1, 1998 and ended on June 30, 1999 is now called Funding Year 1998. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form
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  • for Review at 2. Id. Id. See FCC Form 470, Harrisonburg City School District, filed November 30, 2000. See id.; 47 C.F.R. § 54.504(b)(4). (Cochrane-Fountain City School District Order). Cochrane-Fountain City School District Order, 15 FCC Rcd at 16631, para. 6. Id. Id. at 16631, paras. 6-7. Id. at 16631, para. 7. Id. at 16631, n. 24. 47 C.F.R. § 54.511(c). (...continued from previous page) (continued....) Federal Communications Commission DA 03-3049 Federal Communications Commission DA 03-3049 C D E G H i j „ ˆ '' ¾ Æ Ë Ë Ð F ­ Ë 4 W d <Ýð ­
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  • Bureau Letter from Lena K. Carichner, Hughesville Public Library, to Federal Communications Commission, filed August 9, 2002 (Request for Review). Id. The Commission's rules provide that, with one limited exception for existing, binding contracts, an eligible school, library, or consortium that includes eligible schools or libraries must seek competitive bids for all services eligible for support. 47 C.F.R. §§ 54.504, 54.511(c). In accordance with the Commission's rules, an applicant must file with SLD, for posting to its website, an FCC Form 470 requesting services. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 470). The applicant must wait 28 days before entering into an agreement with a service provider for the
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  • on behalf of Waldwick School District, to Federal Communications Commission, filed January 28, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.502-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. §§ 54.511(c). Id. Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471 Instructions) at 19. Id. (``Signed contracts: You MUST have a signed contract (or a legally binding agreement between you and your service provider preparatory to a
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  • § 54.719(c). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated July 1, 2002 (Administrator's Decision on Appeal). See also Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rich Mortensen, Griswold Community Schools, dated April 24, 2002 (Funding Commitment Decision Letter). Request for Review. See 47 C.F.R. §§ 54.504, 54.511(c) (Commission's rules provide that, with one limited exceptions for existing, binding contracts, an applicant must comply with the Commission's competitive bidding requirements, including the posting of a FCC Form 470 on SLD's website for 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471). See also Request for Review
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  • rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that the Request for Waiver filed by St. Boniface School on January 15, 2003 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Marylou Pawlowski, St. Boniface School, to Federal Communications Commission, filed January 15, 2003 (Waiver Request). Id. ; § 54.511. See Waiver Request. Id. Id. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis), cert. denied, 409 U.S.
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  • 3060-0806 (December 1998) (FCC Form 470); 47 C.F.R. § 54.504(b); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-9079 (1997) (Universal Service Order) (subsequent history omitted). 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (December 1998) (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Erie 1 BOCES, filed January 11, 1999 (USCN 318000000149001). FCC Form 470, Erie 1 BOCES, filed January 11, 1999 (USCN 653700000151778). FCC Form 471, Prattsburgh Central School District, filed March 31, 1999, at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Matt Dziuba, Prattsburg Central School District, dated July
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  • for Waiver filed by Raymond-Knowles Elementary School, on July 23, 2002, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau Letter from Linda Lamont, Raymond-Knowles Elementary School, to Federal Communications Commission, filed July 23, 2002 (Waiver Request). The Funding Request Numbers at issue are: 892946, 892947, and 892949. Id. . ; § 54.511. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis), cert. denied, 409 U.S. 1027 (1972). See
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  • Jones, Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Allen Spalding, Coleman Community Schools, to Federal Communications Commission, filed January 23, 2003 (Waiver Request). The funding request numbers at issue in this case are: #1027471, #1027472, and #1027473. See Waiver Request. FCC Form 470, Coleman Community Schools, filed January 23, 2003 (Coleman FCC Form 470). ; § 54.511. Id.; FCC Form 471, Coleman Community Schools, filed January 29, 2003. See Letter from Allen Spalding, Coleman Community Schools, to Schools and Libraries Division, Universal Service Administrative Company (March 6, 2003). Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (stating
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  • The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules also provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) are exempt from competitive bidding requirements for services provided through June 30, 1999, the end of
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  • from Roger E. Waley, New Albany-Floyd County Consolidated School Corporation, to Federal Communications Commission, filed August 19, 2002 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See FCC Form 470, New Albany-Floyd County Consolidated School Corporation, posted March 4, 1999. The allowable contract
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  • at that time and, having complied with the competitive bidding requirements prior to entering into the service contract, need not submit any additional FCC Form 470s for the duration of that contract. As noted above, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirements under certain circumstances. Specifically, under section 54.511(c)(1), contracts signed on or prior to July 10, 1997 are exempt from competitive bidding requirements for the duration of the contract. Contracts signed after July 10, 1997 and before January 30, 1998 are exempt from competitive bidding requirements for services provided through the end of Funding Year 1998, regardless of the duration of the contract as a whole. In the
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  • 418 F.2d 1153, 1159 (D.C. Cir. 1969) (WAIT Radio), cert. denied, 409 U.S. 1027 (1972). WAIT Radio, 418 F.2d at 1157. Northeast Cellular, 897 F.2d at 1166. 47 C.F.R. § 54.504(c). The filing window is the period in which applicants must submit their completed FCC Forms 471 in order to have their requests for funding considered. See 47 C.F.R. § 54.511(a). See Fourth Reconsideration Order, 13 FCC Rcd at 5452, para. 232 (concluding that allowing eligible entities to order eligible services from master contracts negotiated by a third party is consistent with the Commission's goal of minimizing universal service costs and therefore is also consistent with section 254(h)(1) of the Communications Act of 1934, as amended). West Virginia Waiver Petition at
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  • January 10, 2006 (Request for Review for File No. SLD-451211) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • Wyoming student is entitled to have). Requests for Review at 3. Id. Id. (citing 1997 Session Laws of Wyoming, Chapter 65, Section 1 W.S. § 21-2-202(a)(xx)). See Request for Proposal at 19 (attached to Requests for Review). Id. Id. at 22. See Requests for Review at 4. Id. at 5. Id. Id. Id. Id. Id. Id. . 47 C.F.R. § 54.511. 47 C.F.R. § 54.504 (a). See Universal Service Order, 12 FCC Rcd at 9029, para. 481. Id.; see also Tennessee Order, 14 FCC Rcd at 13739-40, para. 10. See Department of Administration and Information, Procurement Section, Procurement Procedures Manual at section 2703.00 (1999). See Requests for Review at Attachment 2 (Administration and Information, General Services Division, ``A Vendor's Guide: How
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  • such as tariffed telecommunications services, month-to-month Internet access, cellular services, paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471, after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats all schools and
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  • Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted) (stating that price should be the primary factor in selecting a bid, but applicants are given maximum flexibility to take service quality into account and may choose the offering that meets their needs most effectively and efficiently). Id. at 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). See Ysleta Order, 18 FCC Rcd at 26429, para. 50. Id. This rule was originally codified in 2003. See Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2004) (codifying 47 C.F.R. § 54.511(a)). See also School and Libraries Universal Support Mechanism, CC Docket No.
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  • Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2005 started on July 1, 2005 and ended on June 30, 2006. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • 2006 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2004 started on July 1, 2004, and ended on June 30, 2005. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal
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  • Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted) (stating that price should be the primary factor in selecting a bid, but applicants are given maximum flexibility to take service quality into account and may choose the offering that meets their needs most effectively and efficiently). Id. at 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). See Ysleta Order, 18 FCC Rcd at 26429, para. 50. Id. This rule was originally codified in 2003. See Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2004) (codifying 47 C.F.R. § 54.511(a)). See also School and Libraries Universal Support Mechanism, CC Docket No.
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  • School District, to the Federal Communications Commission, filed Sept. 29, 2005 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). Request for Review of the Decision of the Universal Service Administrator by Kalamazoo Public Schools, File No. SLD-164612, Order, 17 FCC Rcd 22,154 (Wireline Comp. Bur 2002), citing Federal-State Joint Board on Universal Service, Order, 15 FCC Rcd 6732, 6736, para. 10 (Com. Car. Bur. 1999) (school may sign with providers contracts that include renewal options and may exercise those
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  • School Board, SLD File No. 288236, to Federal Communications Commission, filed July 27, 2004 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). FCC Form 470. 47 C.F.R. § 54.504(b)-(c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2001) (FCC Form 471). 47 C.F.R. § 54.504(c). See FCC Form 471. The FCC Form 471 is
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  • of Wyoming, to Federal Communications Commission, SLD File No. 218236, filed February 12, 2003 (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(b). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (Funding Year 2000 FCC Form FCC 471); Schools and Libraries Universal Service, Services Ordered and Certification
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  • to the Tennessee Order for guidance. Request for Review at 3, citing Campbell Co. School District v. Wyoming, 907 O.2d 1238 (Wyo. 1995). Request for Review at 3. Id. Id. See Wyoming Request for Proposal at 19. Id. Id. at 22. See Request for Review at 4. Id. at 5. Id. Id. Id. Id. Id. Id. . 47 C.F.R. § 54.511. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029, para. 481 (1997) (Universal Service Order) (subsequent history omitted). Id.; Tennessee Order, 14 FCC Rcd 13739-40, para. 10. See also 47 C.F.R. §§ 54.504(b)(2)(vii), 54.511(a). 47 C.F.R. § 54.504(a). See Department of Administration and Information, Procurement Section, Procurement Procedures Manual at
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  • Federal Communications Commission, dated September 14, 2005 (Request for Review for File No. SLD-415257) (collectively, Requests for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). 47 C.F.R. § 54.504(b)-(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2003) (FCC Form 471). 47 C.F.R. § 54.504(c). See FCC Form 471. The FCC Form 471 is
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  • 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, USAC SHALL REINSTATE the funding commitment no later than 30 calendar days from release of this Order. Thomas J. Navin Chief Wireline Competition Bureau 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Id. See also Request for Review of Waldwick School District, Schools and Libraries Universal Service Support Mechanisms,
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  • (D.C. Cir. 1969) (WAIT Radio), cert. denied, 409 U.S. 1027 (1972). WAIT Radio, 418 F.2d at 1157. Northeast Cellular, 897 F.2d at 1166. 47 C.F.R. § 54.504(c). Waiver Petition at 2. The filing window is the period in which applicants must submit their completed FCC Forms 471 in order to have their requests for funding considered. See 47 C.F.R. § 54.511(a). See Fourth Reconsideration Order, 13 FCC Rcd at 5452, para. 232 (concluding that allowing eligible entities to order eligible services from master contracts negotiated by a third party is consistent with the Commission's goal of minimizing universal service costs and therefore is also consistent with section 254(h)(1) of the Communications Act of 1934, as amended). Kentucky Waiver Petition at 2.
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  • review from the Commission. 47 C.F.R. § 54.719(c). For purposes of this Order, decisions by both the Schools and Libraries Division and USAC will be referred to as decisions issued by USAC. Although we grant the appeals addressed here, we make no findings as to the ultimate eligibility of the requested services. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. 47 C.F.R. § 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos.
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  • 2003; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mark Stevenson, Send Technologies, L.L.C., dated January 20, 2004; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven J. Katz, on behalf of Union Parish School Board, dated January 20, 2004 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). 47 C.F.R. § 54.504(b). FCC Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal
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  • granted in this Order involve applications for approximately $8.9 million in funding for Funding Years 1999-2005. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Second Quarter 2007, dated Jan. 31, 2007. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. See also Federal-State Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, at 9077-80, paras. 572-579 (1997) (Universal Service Order) (describing sequence of designing detailed technology plan and subsequently submitting detailed description of services sought.) See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB
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  • of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. Although we grant the appeal addressed here, we make no finding as to the ultimate eligibility of the requested services. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id. 47 C.F.R. § 54.511(a). See Request for Review by the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos.
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  • 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 for eligible health care providers, and the services
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  • with the Commission by Approach Learning. Id. See Petition at Exhibit 1 (Civil Settlement); infra. para. 4. In performing a complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id.; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. 47 C.F.R.
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  • 20, 2007) (Cityroots Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). Hewlett Packard Company subsequently acquired Compaq Computer Company in 2002. See http://www.pcworld.com/article/id,97944-page,1/article.html (retrieved Aug. 11, 2008). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504(a)-(c), 54.511. 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). The RFP must be available to all potential bidders for the duration of the bidding process. See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, Instructions for Completing Description of
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  • C.F.R. § 54.504(c) (providing that applicants shall submit a completed FCC Form 471 application to USAC). In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
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  • complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b); see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, paras. 572-579 (1997) (Universal Service First Report and Order) (describing sequence of
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  • of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from KPMG to Universal Service Administrative Company (dated April 24, 2003) (independent accountants' report on Biblioteca Residencial Aguadilla: Funding Year 2000) (KPMG Audit Report). See 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504(a). There is, however, one limited exception for preexisting, binding contracts. 47 C.F.R. § 54.511(c). See Request for Review by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., SPIN-143006149, CC Docket No. 96-45, 16 FCC Rcd 4028, 4033, para. 10 (2000). The Commission also recognized that prospective bidders may decline to participate in a competitive bidding process if they believe
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  • review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). Applicants must also comply with any applicable state and local competitive bid requirements. See 47 C.F.R. §
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  • complete review and analysis of the underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). See 47 C.F.R. § 54.504(b)(2). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint
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  • appendix, we make no finding as to the ultimate eligibility of the requested services for E-rate funding. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). Id; see also Federal-State Joint Board on Universal Service, CC Docket 96-45, Report and Order, 12 FCC Rcd 8776, at 9077-80, paras. 572-579 (1997) (subsequent history omitted) (describing sequence of designing a detailed technology plan and subsequently submitting a detailed description of services sought.) See, e.g., Schools and Libraries Universal Service, Description of Services Requested and
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  • review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
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  • mechanism, also known as the E-rate program, on the ground that the underlying applications violated the Commission's competitive bidding requirements. As explained below, we find that, in five instances, the petitioners did not violate the Commission's competitive bidding rules. We therefore grant these appeals. In one instance, we find that good cause exists to grant a limited waiver of section 54.511 of the Commission's competitive bidding rules. Accordingly, we remand the underlying applications associated with these appeals to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application and issue a decision no later than 60 calendar days from the release date of this
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  • and ended on June 30, 2002. In this order, we use the term ``appeals'' to generally refer to requests for review of decisions by USAC. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See 47 C.F.R. §§ 54.504, 54.511. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997, however, is exempt from the competitive bid requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-79, para 575 (1997) (subsequent history omitted).
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  • and Libraries Division, to Garnet Person, District of Columbia Public Schools (dated Sept. 1, 2005) (Funding Commitment Decision Letter); Letter from USAC, Schools and Libraries Division, to Garnet Person, E-Rate Elite Services (dated Jan. 12, 2006) (Administrator's Decision). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. §§54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). See FCC Form 471; see also 47 C.F.R. § 54.504. USAC website, Schools and Libraries, Undergo Application Review, http://www.usac.org/sl/applicants/step08/default.aspx (retrieved Aug. 12, 2008) (Application Review Process). Id. See id. See, e.g., Letter from USAC, Schools and Libraries Division, to Garnet Person,
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  • a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). Funding Year 2005 started on July 1, 2005, and ended on June 30, 2006. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). See also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). Applicants can enter into agreements of any length, as long as all providers have had the opportunity to compete for the same multi-year contract. Federal-State Joint Board on Universal Service, CC
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  • minimal impact on the Universal Service Fund as a whole. See November 2006 Appeal; March 2007 Supplement. In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9077-80, para. 575 (1997) (Universal Service First Report and Order) (subsequent history omitted). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470). Id. Applicants are also required
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  • 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. The rules establish the requirements for eligible health
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  • Universal Service Administrative Company (USAC) may seek review from the Commission. 47 C.F.R. § 54.719(c). Request for Review at 1-4. See 47 C.F.R. § 54.504 (a)-(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504, 54.511; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9078-80, paras. 575-79 (Universal Service First Report and Order) (subsequent history omitted). These requirements are in addition to applicable state and local procurement rules. 47 C.F.R. § 54.504(a); Universal Service First Report and Order, 12 FCC Rcd at
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  • that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.505. 47 C.F.R. § 54.523. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the payment method governing the payment
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  • Technologies, on behalf of Keyport School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Oct. 26, 2006) (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal
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  • telecommunications services, month-to-month Internet access, or any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's website for at least 28 days before the applicant may enter into an agreement for E-rate services. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. After entering into an agreement for eligible services, the applicant files the FCC Form 471 requesting discounts for the eligible services. Requests for Waiver. The Commission has under consideration two requests for waiver. The first request for waiver, filed by Amy Biehl, seeks a waiver of the competitive bidding rules requiring the filing of an FCC
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  • public interest being well-served, there must also be a sufficiently ``unique situation'' to grant waiver). 47 C.F.R. §§ 54.504(b)(2)(iv), 54.504(c)(1)(iv), 54.523. Exigent admits that ``in order to increase his commissions, Mr. Ferrano may have used his `experience' at USAC to sell the Schools more equipment than they needed . . .'' Id. at 5. See 47 C.F.R. §§ 54.504 (a)-(b), 54.511; Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4033 (2000) (Mastermind Order). Exigent also admits that ``Ferraro may have used his `experience' at USAC . . . to charge more than he
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  • the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See infra paras. 3-4. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See 47 C.F.R. §§ 54.504(a)-(b), 54.511; Federal-State Joint Board on
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  • certain petitioners that demonstrated good cause for such a waiver). 47 C.F.R. § 54.504(c); see also Appendix A. 47 C.F.R. § 54.504(b)(4); see also Appendix B. See Appendix C. See Appendix D. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). None of the petitioners argue that this exemption applies to their cases. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November
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  • for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). The Illinois BOE does not argue that this exemption applies to its case. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form
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  • Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-7385. - FCC - Petition by United States Telecom Association and CTIA - The Wireless Association(R) for Declaratory Ruling Clarifying Certain Aspects of the ``Lowest Corresponding Price'' Obligation of the Schools and Libraries Universal Service Program, WC Docket No. 02-6 (filed Mar. 19, 2010) (Petition). 47 C.F.R. § 54.511(b). The ``lowest corresponding price'' is defined as ``the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services.'' 47 C.F.R. § 54.500(f). 47 C.F.R. § 54.511(b). Petition at 1. See also 47 C.F.R. § 54.511(b). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket
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  • USAC shall either grant the underlying funding requests before it, or, if denying the funding requests, provide the applicant with any and all grounds for denial. 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503. Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See Request for Review by Mastermind Internet Services, Inc., Federal-State
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  • /OPBaseFont2 10 Tf (54.719\(c\).) Tj 1 0 0 1 71.5 249.149 Tm 104 Tz /OPBaseFont0 10 Tf (247) Tj 1 0 0 1 90.45 244.85 Tm 95 Tz /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 119.5 242.949 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 131.75 245.049 Tm 98 Tz /OPBaseFont2 10 Tf (54.503\(c\)\(2\)\(vii\), 54.511\(a\).) Tj 1 0 0 1 77.25 223.25 Tm 100 Tz (See supra,) Tj 1 0 0 1 121.9 223.199 Tm 80 Tz /OPBaseFont1 10 Tf (n. 1.) Tj 1 0 0 1 77.5 201.649 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 119.75 200 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0
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  • 1 72 204.75 Tm 96 Tz (54.723.) Tj 1 0 0 1 71.5 187.699 Tm 62 Tz (40) Tj 1 0 0 1 80.6 183.149 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 97.2 183.149 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R. §) Tj 1 0 0 1 151.9 183.149 Tm /OPBaseFont2 10 Tf (54.503, 54.511; Ysleta Order,) Tj 1 0 0 1 274.8 182.899 Tm 97 Tz /OPBaseFont1 10 Tf (18 FCC Rcd 26407.) Tj 1 0 0 1 71.5 165.849 Tm 57 Tz (41) Tj 1 0 0 1 80.6 161.299 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 97.2 161.549 Tm 99 Tz /OPBaseFont1 10 Tf (Baltimore Request for
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  • before July 10, 1997.) Tj 1 0 0 1 323.25 389.299 Tm 94 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 339.6 389.299 Tm 98 Tz /OPBaseFont1 10 Tf (47 C.F.R.) Tj 1 0 0 1 381.6 387.399 Tm 67 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 388.8 389.049 Tm 95 Tz /OPBaseFont1 10 Tf (54.511\(c\).) Tj 1 0 0 1 78.45 367.949 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 120.7 366.299 Tm 65 Tz /OPBaseFont0 11 Tf (§) Tj 1 0 0 1 128.15 368.199 Tm 96 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0 1 72.7 351.149 Tm /OPBaseFont0 6 Tf (6) Tj 1 0 0 1
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  • 1 0 0 1 73.2 236.199 Tm 99 Tz (existing, binding contracts signed on or before July 10, 1997.) Tj 1 0 0 1 323.75 235.949 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 340.3 235.949 Tm 97 Tz /OPBaseFont1 10 Tf (47 C.F.R. §) Tj 1 0 0 1 389 235.949 Tm /OPBaseFont2 10 Tf (54.511\(c\).) Tj 1 0 0 1 72.95 219.149 Tm 51 Tz /OPBaseFont1 10 Tf (') Tj 1 0 0 1 78.7 214.6 Tm 98 Tz (47 C.F.R. §) Tj 1 0 0 1 128.15 214.6 Tm 97 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0 1 73.2 193.25 Tm 94 Tz (81d) Tj 1 0 0 1 78.45 171.649 Tm
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  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, ¶ 66; Program Management Order, 22 FCC Rcd at 16387, ¶ 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 ¶¶ 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
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  • rules provide one exception to the competitive bidding requirement for) Tj 1 0 0 1 72.95 404.399 Tm 99 Tz (existing, binding contracts signed on or before July 10, 1997.) Tj 1 0 0 1 323 404.199 Tm 94 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 339.35 403.949 Tm 99 Tz /OPBaseFont1 10 Tf (47 C.F.R. § 54.511\(c\).) Tj 1 0 0 1 78.45 383.049 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 108 382.799 Tm 99 Tz /OPBaseFont1 10 Tf (C.F.R. § 54.503\(b\) \(stating that an eligible entity shall seek competitive bids for all services eligible for) Tj 1 0 0 1 72.95 371.799 Tm 98 Tz (support\); 47 C.F.R. §) Tj
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  • the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. 47 C.F.R. §§ 54.504(a). 47 C.F.R. § 54.504(c); see also
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  • and libraries are required to fully consider all bids submitted arid must select the most) Tj 1 0 0 1 486 106.599 Tm 86 Tz /OPBaseFont2 11 Tf (cost-effective) Tj 1 0 0 1 68.85 95.049 Tm 92 Tz /OPBaseFont1 11 Tf (service offering. 47 C.F.R §) Tj 1 0 0 1 186.7 95.049 Tm 89 Tz /OPBaseFont2 11 Tf (54.511\(a\).) Tj 1 0 0 1 233 95.049 Tm 90 Tz /OPBaseFont1 11 Tf (In this process, schools and libraries may consider relevant factors other) Tj 1 0 0 1 68.85 83.299 Tm (than the pre-discount prices submitted by providers, but price "should be the primary factor considered.") Tj 1 0 0 1 494.6 83.299 Tm 80 Tz /OPBaseFont2 11 Tf
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  • Tm 98 Tz (requirements.) Tj 1 0 0 1 127.2 425.299 Tm 95 Tz /OPBaseFont1 10 Tf (See) Tj 1 0 0 1 143.75 425.299 Tm 98 Tz /OPBaseFont2 10 Tf (47 C.F.R.) Tj 1 0 0 1 186 423.649 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 193.4 425.299 Tm 97 Tz /OPBaseFont2 10 Tf (54.511\(c\).) Tj 1 0 0 1 72.7 403.949 Tm 99 Tz /OPBaseFont1 10 Tf (47 C.F.R.) Tj 1 0 0 1 115.2 402.049 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 122.6 403.699 Tm 97 Tz /OPBaseFont1 10 Tf (54.503\(c\).) Tj 1 0 0 1 66.7 386.899 Tm 58 Tz /OPBaseFont2 10 Tf (6) Tj 1 0
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  • 152.649 Tm 99 Tz /OPBaseFont1 10 Tf (54.501-54.502) Tj 1 0 0 1 191 152.649 Tm 95 Tz /OPBaseFont2 10 Tf (\(2011\).) Tj 1 0 0 1 74.85 135.149 Tm 98 Tz (47 C.F.R. §) Tj 1 0 0 1 129.349 135.149 Tm /OPBaseFont1 10 Tf (54.503,) Tj 1 0 0 1 162.2 135.149 Tm 103 Tz /OPBaseFont2 10 Tf (54.511\(2011\).) Tj 1 0 0 1 68.85 117.399 Tm 90 Tz /OPBaseFont2 11 Tf (447 C.F.R. §) Tj 1 0 0 1 124.05 117.399 Tm 89 Tz /OPBaseFont1 11 Tf (54.503\(c\)) Tj 1 0 0 1 165.8 117.399 Tm 88 Tz /OPBaseFont2 11 Tf (\(2011\);) Tj 1 0 0 1 197.5 117.399 Tm 91 Tz /OPBaseFont1 11 Tf (see also) Tj
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  • any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Request for Review. 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(b). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. See Request for Review by Mastermind Internet Services, Inc., Federal-State
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  • Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. The Commission's rules provide one exception to the competitive bidding requirement for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). (Universal Service First Report and Order) (subsequent history omitted), see 47 C.F.R. §§ 54.503(c). See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See
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  • voluntary extensions means that the contract expires at the end of its original term and may be voluntarily extended for one or more years pursuant to the provisions in the contract. Id. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5986, para. 6 (1999); see also 47 C.F.R. § 54.511(c)(1). See 47 C.F.R. § 54.511(d). FCC Form 470, Challis Joint School District #181 (filed Nov. 8, 2002). See USAC Appeal Decision at 2. Id. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Julie Oerke, Challis Joint School District #181 at 5 (dated Mar. 3, 2004). See Letter from Schools and Libraries Division, Universal Service Administrative Company,
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  • price as the primary factor in the vendor selection process or they did not carefully consider all bids submitted in response to their FCC Form 470 postings. Upon review of the record, we find that seven of the petitioners did not violate the Commission's competitive bidding requirements. In 12 other instances, we find that 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. We therefore grant these appeals and remand the associated applications to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of
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  • Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 6, 2006) (Request for Waiver); 47 C.F.R. § 54.504(b). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503. See Federal-State Joint Board on Universal Service, CC Docket No.96-45, Report and Order, 12 FCC Rcd 8776, 9078-79, para. 575 (1997) (Universal Service First Report and Order) (subsequent history omitted). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description
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  • 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504; Letter from USAC, Schools and Libraries Division, to Bettie Downs, Bayless Intermediate School, at 5-6 (dated Feb. 1, 2006) (Bayless Funding Commitment Decision Letter). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. There is one limited exception for existing, binding contracts signed on or before July 10, 1997. See 47 C.F.R. § 54.511(c). Bayless does not argue that this exemption applies to its case. 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). (last
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  • 11 Tf (§) Tj 1 0 0 1 125.75 424.349 Tm 88 Tz /OPBaseFont2 11 Tf (54.503.) Tj 1 0 0 1 75.799 402.75 Tm 98 Tz /OPBaseFont1 10 Tf (See 47 C.F.R.) Tj 1 0 0 1 134.849 401.099 Tm 72 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 142.3 402.75 Tm 97 Tz /OPBaseFont1 10 Tf (54.511\(c\).) Tj 1 0 0 1 70.299 385.699 Tm 58 Tz /OPBaseFont0 10 Tf (6) Tj 1 0 0 1 89 381.149 Tm 96 Tz /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 118.3 379.5 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 125.75 381.149 Tm 97 Tz /OPBaseFont2 10 Tf (54.503\(c\).) Tj 1 0 0
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  • 1 0 0 1 70.799 187 Tm /OPBaseFont1 10 Tf (CC Docket No. 02-6, Order, 23 FCC Rcd 15510 \(2008\).) Tj 1 0 0 1 74.4 165.399 Tm 100 Tz (' 47 C.F.R.) Tj 1 0 0 1 121.9 163.75 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 129.349 165.399 Tm 97 Tz /OPBaseFont2 10 Tf (54.511\(a\).) Tj 1 0 0 1 71.25 148.349 Tm 48 Tz /OPBaseFont1 11 Tf (12) Tj 1 0 0 1 79.4 143.799 Tm 88 Tz /OPBaseFont2 11 Tf (See) Tj 1 0 0 1 96.7 143.549 Tm 91 Tz /OPBaseFont1 11 Tf (Schools and Libraries Universal Service, Services Ordered and Certification Form, 0MB 3060-0806 \(October) Tj 1 0 0 1 70.799
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  • Unified School District (dated Oct. 12, 2010) (regarding FY 2010 FCC Form 471 application 743075, FRNs 2006044, 2006074, 2006105, and 2006140) (collectively, FY 2009 and 2010 Funding Commitment Decision Letters (FCDLs)). 47 C.F.R. §§ 54.501-54.502. 47 C.F.R. § 54.503. An existing contract signed on or before July 10, 1997 is exempt from the competitive bidding requirements. See 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.503(c). Id. See, e.g., Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470). See FCC Form 470. 47 C.F.R. § 54.503(c). See, e.g., Request for Review of
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  • four requests from petitioners seeking 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 decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners violated sections 54.503 and 54.511 of the Commission's competitive bidding rules because they did not seek competitive bids for the services for which they were requesting E-rate support, they failed to demonstrate that price was the primary factor considered in their competitive bidding process, or they did not conduct a fair and open competitive bidding process. We further find that the petitioners have not demonstrated
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  • decision, USAC found violations of the Commission's competitive bidding requirements. Based on our review of the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding process under Commission rules in effect at the time. We find that the petitioners listed in appendix B have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's rules because either (1) the errors they made on their applications were ministerial or clerical and do not warrant a complete rejection of their applications; or (2) their competitive bidding processes were not compromised by their technical violation of the Commission's competitive bidding requirements. At this time, there is no evidence of waste, fraud and abuse in
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  • May 16, 2011) (JDL Request for Review); Letter from Jacqueline P. Minor, Oakland Unified School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed May 16, 2011) (AEKO Request for Review) (together, Request for Review). 47 C.F.R. § 54.504(c) (2004). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.504(b)-(c). 47 C.F.R. § 54.511(a). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (October 2000) (FCC Form 471); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (current FCC Form 471). 47 C.F.R. § 54.504(c). See Cal. Pub. Cont. Code § 20103.5, 20111. FCC Form 470, Oakland Unified School District (posted Nov. 19, 2003) (Oakland
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  • precedent, we grant nine requests from petitioners seeking 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). Based on our review of the record, we find that good cause exists to justify a grant of these requests pursuant to sections 54.503 and 54.511 of the Commission's rules. We find that 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.
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  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
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  • Selective Review process) (last visited June 7, 2012). Letter from USAC, Schools and Libraries Division, to Kenneth Wasmund, Birmingham City Schools (dated Dec. 22, 2003) (USAC Decision on Appeal). See Request for Review. 47 C.F.R. § 54.723 (requiring the Wireline Competition Bureau to conduct a de novo review of appeals of decisions made by USAC). See 47 C.F.R. §§ 54.504, 54.511 (2002), amended by 47 C.F.R. §§ 54.503, 54.504, 54.511 (2011). We estimate that the appeal granted in this order involves funding requests for approximately $1.9 million in funding for FY 2002. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the
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  • the services or the petitioner's application. We direct USAC to discontinue recovery actions against Milburn and its service provider, Lewis Technologies, Inc. (Lewis), for these FRNs based on the denials that are addressed herein. As for the remaining FRNs at issue for funding years 2005 and 2006, upon review of the record, we find that Milburn violated sections 54.503 and 54.511 of the Commission's competitive bidding rules by failing to make price the primary factor considered in its competitive bidding process relating to those FRNs. We further find that Milburn has not demonstrated that good cause exists to waive the Commission's competitive bidding requirements for those FRNs. We therefore deny Milburn's request for review concerning FRNs 1274644 and 1274673 as part
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  • the record, we agree with USAC's determination that it is unclear that Colorado Springs assigned the highest weight to price when evaluating bids. Nevertheless, the record shows that, for each of the funding requests at issue, Colorado Springs selected the least expensive and most cost-effective service offering. We therefore 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
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  • was effective as of July 17, 1997) waited at least four weeks after the posting date of the FCC Form 470 on the USAC Schools and Libraries website before making commitments with the selected service providers (Section 54.504 (b) (4) which was effective as of February 12, 1998) considered all bids submitted and selected the most cost-effective service offering (Section 54.511 (a) which was effective as of July 17, 1997, with clarification included in FCC Order 03-101, paragraph 24, which was issued on July 15, 2003) did not surrender control of its competitive bidding process to a service provider that participated in that bidding process and did not include service provider contact information on its FCC Forms 470 or 471 (FCC
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  • the delivery of duplicative services. Therefore, we conclude that this rule can be violated by the delivery of services that provide the same functionality for the same population in the same location during the same period of time. We recognize that determining whether particular services are functionally equivalent may depend on the particular circumstances presented. In addition, we amend section 54.511(a) of our rules to make clear that applicants must consider whether the service is cost effective. Eligibility of Wireless Services Under section 254(h)(1)(B), eligible schools, libraries, and consortia that include eligible schools and libraries, are eligible for discounts on telecommunications services. Accordingly, basic telephone service, which includes mobile and fixed wireless service, is eligible for discounts pursuant to the schools
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  • Ysleta may, consistent with state law, comply with our rules, there is no ``outright or actual'' conflict between Texas law and our rules. It is certainly possible for Texas school districts to comply with our requirements. Tennessee Order, 14 FCC Rcd at 13739, para. 10. Id. See Universal Service Order, 12 FCC Rcd at 9029-30, para. 481; 47 C.F.R. § 54.511(a). Ysleta suggests in a footnote that because the requirement that price be considered the primary factor is set forth in a Commission order rather than in our rules, it is subject to challenge, particularly because it conflicts with sections 54.504 and 54.511 of our rules. See Ysleta Request for Review at 15 n.5. We cannot agree that this language conflict
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  • convicted of a criminal violation or found civilly liable for actions relating to the schools and libraries program. The Commission also sought further comment on whether other circumstances not culminating in a criminal conviction or civil judgment warrant debarment. Schools and Libraries Second Order and Further Notice, 18 FCC Rcd at 9225-28 paras. 66-77, 9235-39 paras. 102-115. 47 C.F.R. § 54.511(a); see also Request for Review of the Decision of the Universal Service Administrator by Ysleta Independent School District et al., SLD No. 312479, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Order, FCC 03-313, paras. 47-55 (rel. Dec. 8, 2003). Universal
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  • steps in the application process, and receives the direct benefit of any services rendered. The school or library submits to USAC a completed FCC Form 470, setting forth its technological needs and the services for which it seeks discounts. The school or library is required to comply with the Commission's competitive bidding requirements as set forth in sections 54.504 and 54.511(a) of our rules and related orders. The school or library is the entity that submits FCC Form 471, notifying the Administrator of the services that have been ordered, the service providers with whom it has entered into agreements, and an estimate of the funds needed to cover the discounts to be provided on eligible services. To be sure, service providers
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  • funds disbursed to the beneficiary or service provider. We set forth below a number of examples to illustrate the applications of this principle. Competitive Bidding Requirements. We conclude that we should recover the full amount disbursed for any funding requests in which the beneficiary failed to comply with the Commission's competitive bidding requirements as set forth in section 54.504 and 54.511 of our rules and amplified in related Commission orders. For instance, it is appropriate to recover the full amount of funds disbursed for a funding request when the beneficiary signs a contract before the end of the 28-day posting period. Likewise, it is appropriate to recover the full amount disbursed in a situation where the beneficiary failed to consider price
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.txt
  • such as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (``Form 471''), after entering into agreements for eligible services. After receiving the Form 471, USAC assigns a ``funding request number'' to each request for discounted services. USAC reviews the Form 471 and then, if the request is approved, issues funding commitment decision letters advising the applicants of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-54A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-54A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-54A1.txt
  • as tariffed telecommunications services, month-to-month Internet access, cellular services, or paging services, and any services for which the applicant is seeking a new contract. The FCC Form 470 must be posted on USAC's schools and libraries division website for at least 28 days. The applicant must then comply with the Commission's competitive bidding requirements set forth in sections 54.504 and 54.511(a) of the Commission's rules. The applicant then files the FCC Form 471 (FCC Form 471), after entering into agreements for eligible services. Section 54.507 of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Under the Commission's rules, USAC implements an initial filing period, or filing window, for the FCC Form 471 applications that treats
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-55A1.txt
  • to sections 54.719-54.721 of the Commission's rules. 47 C.F.R. §§ 54.719-54.721. 47 C.F.R. § 54.505. If the technology plan has not been approved when the applicant files the Form 470, the applicant must certify that it understands that the technology plan must be approved prior to commencement of service. 47 C.F.R. § 54.504(b)(2)(vii). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). See Request for Review of Decisions of the Universal Service Administrator by MasterMind Internet Services, Inc., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33, para. 10 (2000). This form is to request discounts on those services and it contains the discount calculation worksheet and the discount funding request. The Form 471 generally
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-35A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-35A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-35A1.txt
  • in the Appendices and we will refer to all of these parties as Petitioners. Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Universal Service Administrative Company may seek review from the Commission. 47 C.F.R. § 54.719(c). See Appendix B. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(b)(4); see also Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). 47 C.F.R. § 54.504(c); see also Request for Review of Waldwick School
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-63A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-63A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-63A1.txt
  • C.F.R. §§ 54.504 (b)(4) and (c); see, e.g., Request for Review of the Decision of the Universal Service Administrator by Currituck County Schools, Federal-State Joint Board on Universal Service, File No. SLD-111040, CC Docket No. 96-45, Order, 15 FCC Rcd 5564, 5566, para. 6 (Com. Car. Bur. 2000) (Currituck County Schools Order). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b); see also Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (Funding Years 2000, 2001, 2002 FCC Form 470); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (April 2002) (Funding Year 2003 FCC Form 470); Schools and Libraries Universal Service, Description of Services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-64A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-64A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-64A1.txt
  • this Order, we grant in part and deny in part an appeal filed by Macomb Intermediate School District Technology Consortium, Clinton Township, Michigan (Macomb ISD) of a decision by the Universal Service Administrative Company (USAC) denying Macomb ISD funding for discounted services under the schools and libraries universal service support mechanism (E-rate program). We find that Macomb ISD violated section 54.511 of the Commission's rules by not selecting the most cost-effective service offering among the bids considered. We note, however, that Macomb ISD is entitled to E-rate program funding in an amount associated with the least expensive of the duplicative services. We therefore remand Macomb ISD's Request for Review to USAC for further review consistent with this Order and, to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. See Protecting Children in the 21st Century Act, Pub. L. No. 110-385, Title II, 122 Stat. 4096 (2008). 159 47 C.F.R. §§ 54.504, 54.511(c). 160 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (May 2003) (FCC Form 470), available at http://www.usac.org/_res/documents/sl/pdf/470.pdf (last visited Sept. 14, 2010). The RFP must be available to all potential bidders for the duration of the bidding process. Id. 161 47 C.F.R. § 54.504(b)(3). 162 47 C.F.R. § 54.504(b)(4). 163 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.txt
  • (b) Competitive bid requirements. An applicant shall: (1) seek competitive bids for all eligible priority one services in accordance with state or local procurement requirements. If requested by the Administrator, each applicant bears the burden of demonstrating compliance with state or local procurement requirements. Unless there is an existing contract signed on or before July 10, 1997, pursuant to § 54.511(c), an applicant that is not subject to state or local procurement requirements shall follow the FCC Form 470 posting requirements as set forth in subsection (c) of this subpart to meet the competitive bidding requirements. (2) seek competitive bids for all eligible priority two services pursuant to the requirements established in this subpart, except as provided in § 54.511(c). These
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-175A1.txt
  • Tf (54.503 \(2011\);) Tj 1 0 0 1 361.2 53.549 Tm 91 Tz /OPBaseFont2 11 Tf (see also) Tj 1 0 0 1 396 53.549 Tm 88 Tz /OPBaseFont1 11 Tf (47 C.F.R.) Tj 1 0 0 1 437.75 51.649 Tm 65 Tz /OPBaseFont0 11 Tf (§) Tj 1 0 0 1 445.2 53.549 Tm 87 Tz /OPBaseFont2 11 Tf (54.511.) Tj ET endstream endobj 22 0 obj 6103 endobj 15 0 obj << /Dest [ 14 0 R /XYZ 0 792 null ] /Next 25 0 R /Parent 4 0 R /Prev 5 0 R /Title (page 2) >> endobj 26 0 obj << /BitsPerComponent 1 /ColorSpace /DeviceGray /DecodeParms << /Columns 2550 /K -1 >> /Filter /CCITTFaxDecode /Height 3300 /Length
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-177A1.txt
  • before July 10, 1997.) Tj 1 0 0 1 218.4 388.349 Tm 102 Tz /OPBaseFont1 9 Tf (See) Tj 1 0 0 1 234.7 388.349 Tm 108 Tz /OPBaseFont2 9 Tf (47 C.F.R.) Tj 1 0 0 1 276.699 386.899 Tm 80 Tz /OPBaseFont0 9 Tf (§) Tj 1 0 0 1 283.9 388.099 Tm 108 Tz /OPBaseFont2 9 Tf (54.511\(c\).) Tj 1 0 0 1 76.549 375.149 Tm 63 Tz (23) Tj 1 0 0 1 98.15 370.599 Tm 106 Tz (C.F.R.) Tj 1 0 0 1 127.4 369.149 Tm 75 Tz /OPBaseFont0 9 Tf (§) Tj 1 0 0 1 139.65 370.599 Tm 109 Tz /OPBaseFont1 9 Tf (54.504,) Tj 1 0 0 1 172.55 370.599 Tm 108 Tz
• 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
  • Adopting a window filing period 9 that begins when the administrative corporations begin to receive applications for support will Federal Communications Commission FCC 97-380 Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will 10 not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. §§ 54.500(b), 54.511(c). See, e.g., USTA at 2-3. 11 We note that the Commission has received petitions asking it to reconsider the extent to which support will 12 be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • Ed. at 1 (staff in rural Maine will likely have to work in the evenings in order to prepare their submission for universal service support). 10. Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. 54.500(b), 54.511(c). 11. See, e.g., USTA at 2-3. 12. We note that the Commission has received petitions asking it to reconsider the extent to which support will be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
  • utilized during the remainder of 1998 as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. § 54.511(d); see also 47 C.F.R. § 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
• http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
• 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
  • Adopting a window filing period 9 that begins when the administrative corporations begin to receive applications for support will Federal Communications Commission FCC 97-380 Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will 10 not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. §§ 54.500(b), 54.511(c). See, e.g., USTA at 2-3. 11 We note that the Commission has received petitions asking it to reconsider the extent to which support will 12 be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97380.html
  • Ed. at 1 (staff in rural Maine will likely have to work in the evenings in order to prepare their submission for universal service support). 10. Applicants with existing contracts are exempt from the competitive bidding requirement and therefore will not submit a description of services to be posted on the websites for a four-week period. See 47 C.F.R. 54.500(b), 54.511(c). 11. See, e.g., USTA at 2-3. 12. We note that the Commission has received petitions asking it to reconsider the extent to which support will be available for contracts that schools and libraries entered into after November 8, 1996 and prior to the date that parties may begin to submit requests for support. Public Notice Report No. 2224 (rel. Sept.
• 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
  • utilized during the remainder of 1998 as well as during the transition period through June 30, 1999. We conclude that this approach is reasonable because, unlike telecommunications services and Internet access, internal connections generally entail Federal Communications Commission FCC 98-120 25 See McKinsey and Company, Connecting K-12 Schools to the Information Superhighway at Appendix A. 26 See 47 C.F.R. § 54.511(d); see also 47 C.F.R. § 54.504. Our rules state that the following contracts are exempt from our competitive bidding requirements: contracts signed on or before July 10, 1997 are exempt for the life of the contract; and contracts signed after July 10, 1997 but before January 30, 1998 are exempt only with respect to services provided between January 1, 1998
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992534.txt
  • C.F.R. §§ 0.91, 0.291, and 54.722(a), that the appeal filed by Gustine Independent School District, Gustine, Texas, filed June 21, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1) and (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Letter from Dr. Carole Tarwater, Superintendent, Gustine Independent School District to the Schools and Libraries Corporation, dated March 3, 1999. Letter from the Schools and Libraries Division, Universal Service Administrative Company to Dr. Carole Tarwater, dated May 25, 1999 (Administrator's Decision on Appeal). Letter from Dr. Carole Tarwater, Gustine Independent School District, to the Federal Communications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992801.txt
  • period of up to 180 days following the date of issuance of a Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254 (h)(1) (B); 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504. 47 C.F.R. §§ 54.504(b)(1), (b)(2). 47 C.F.R. § 54.504(b)(3), (b)(4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(b)(2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Tenth Order on Reconsideration, 14 FCC Rcd 5983, 5993, para. 22 (1999). See also, 47 C.F.R. § 54.507(b)(2). Federal Communications Commission 99-2801 Federal Communications Commission DA 99-2801 � „0ý „0ý „0ý „0ý „0ý „0ý „0ý „`ú „0ý : M M &
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992954.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992954.txt
  • that the Administrator IS DIRECTED to implement the decision herein. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.511. See Letter of Mark MacAllister, Chatham County Schools, to Office of the Secretary, FCC, dated April 15, 1999 (Letter of Appeal), at 1-2. Id. See Letter of Schools and Libraries Division of the Universal Service Administrative Company to Mark MacAllister, Chatham County Schools, dated December 2, 1998 (Funding Commitment Letter). See Letter of Mark MacAllister, Chatham County Schools, to Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992957.txt
  • 54.507(b)(2) of the Commission's rules, 47 C.F.R. § 54.507(b)(2), IS WAIVED for a period of up to 180 days following the date of issuance of any Funding Commitment Letter by the Administrator pursuant to this order. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau 47 U.S.C. § 254(h)(1)(B); 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Joseph F. Sweeney, Superintendent, Runnemede Public Schools, to Federal Communications Commission, received September 10, 1999. Letter from Susan T. Milon, Technology Coordinator, Runnemede Public Schools, to Schools and Libraries Corporation, dated April 9, 1998. Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Joseph F. Sweeney, dated August 12, 1999 (Administrator's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da993013.txt
  • this Order. For example, when a service provider went out of business, the Administrator permitted the applicant to choose a new service provider, provided that the new service provider had been part of the original competitive bidding process or the applicant chose the new service provider in conformity with the Commission's competitive bidding rules. See 47 C.F.R. §§ 54.504 and 54.511. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 4, 1999, at 2-3 (USAC service provider changes ex parte). Id. Letter from D. Scott Barash, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated November 9, 1999, at 2 (USAC disbursements ex parte). In its letter, USAC explains that, during its annual
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000015.txt
  • Commission's rules, the SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000019.txt
  • (b)(3). In submitting FCC Form 470, an applicant is required to provide only general information about the services for which it seeks discounts, e.g., number of phones that require service, number of dial-up connections necessary, as well as an assessment of the applicant's existing technology that may be necessary for the effective use of eligible services. 47 C.F.R. §§ 54.504, 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 @& „|ü ! 1 A Q a q � ` ¡ ± Á Ñ á ñ „0ý „0ý „0ý „0ý „0ý „0ý
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000105.doc
  • the Commission's rules. Both the separate written instructions for Item (10) and bold face words of instruction on Item (10) of the FCC Form 470 itself clearly state that the box should be checked only if the applicant seeks discounts for eligible services based on one or more existing, binding contract(s). Only applicants with existing contracts, as defined in section 54.511(c)(1) of the Commission's rules, are exempt from the Commission's competitive bidding requirement. That rule defines pre-existing contracts that do not have to be posted on the web site for competitive bidding as those signed after July 10, 1997 but prior to January 30, 1998, the date upon which the SLD web site became operational. Thus, the tariffed services in question
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000177.doc
  • Commission's rules, the SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on, or prior to, July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000625.txt
  • 0.291, and 54.722(a), that the Letter of Appeal filed on July 2, 1999, by Currituck County Schools, Currituck, North Carolina, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Jesse Stallings, Currituck County Schools, to Federal Communications Commission, filed July 2, 1999 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). 47 C.F.R. § 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001045.txt
  • At the same time, however, the Commission sought to prevent incumbent carriers from using long-term contracts as a means to prevent potential competitors from offering alternative service packages to schools and libraries. In light of these considerations, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through December 31, 1998. However, in order to ensure that schools and libraries contracting for services between July 10, 1997 and January 30, 1998
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001046.txt
  • CC Docket 96-45, Errata, FCC 97-157 (rel. June 4, 1997), affirmed in part, reversed in part and remanded in part, Texas Office of Public Utility Council 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. 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.511(c). Under SLD's procedures, even applicants that have pre-existing contracts are required to wait 28 days before filing their Form 471. 47 C.F.R. § 54.504(c). Respectively, USCN 742430000155751 and USCN 586470000159312. The SLD subsequently discovered that Methacton would be receiving its telecommunications services pursuant to a tariff, not a contract, and therefore Methacton should have indicated a ``T'' instead of a
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001612.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001612.txt
  • 0.91, 0.291, and 54.722(a), that the Letter of Appeal filed on April 21, 2000, by Minor High School, Adamsville, Alabama, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Van Phillips, Minor High School, to Federal Communications Commission, filed April 21, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). 47 C.F.R. § 54.504(c). See Federal-State Joint Board on Universal Service, CC Docket 96-45, Order on Reconsideration, 12 FCC Rcd 10095, 10098, para. 9 (1997). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9029,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001819.txt
  • Division Common Carrier Bureau Letter from Christina Skowronek, Our Lady of Guadalupe School, to the Federal Communications Commission, filed May 23, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001820.txt
  • Division Common Carrier Bureau Letter from L. Michael Smithmier, St. Pius X High School, to Federal Communications Commission, filed March 29, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001821.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Linda Phifer, Wilmington CUSD #209-U, to the Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001857.doc
  • 54.722(a), that the appeal filed by Huron City School District, Huron, Ohio, on May 24, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Donald Pflieger, Huron City Schools, to the Federal Communications Commission, filed May 24, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001859.doc
  • Valley Public School District #4, Tower City, North Dakota, on April 28, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Ron Stahlecker, Maple Valley Public School District #4, to the Federal Communications Commission, filed April 28, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001861.doc
  • and 54.722(a), that the appeal filed by Wayne Community Schools, Corydon, Iowa, on May, 18, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Mason, Wayne Community Schools, to the Federal Communications Commission, filed May 18, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001886.txt
  • Universal Service Administrative Company, to Ronald K. MacClay, Medford Township Board of Education, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education, dated April 17, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001888.txt
  • Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Metuchen School District, dated August 24, 1999 (Funding Commitment Decision Letter); Letter from the Schools and Libraries Division, Universal Service Administrative Company, to Ronald MacClay, Metuchen School District, dated May 11, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001890.txt
  • Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District 721, dated October 12, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tim Rybak, New Prague School District No. 721, dated April 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002046.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Joyce S. Friske, Jenks Public Schools, to Federal Communications Commission, filed May 2, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002047.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Suzanne W. Griffin, Richmond County Schools, to Federal Communications Commission, filed May 4, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002071.txt
  • to Les Goto, Niu Valley Intermediate School, dated May 4, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated Jul. 8, 1999; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Les Goto, Waikiki Elementary School, dated May 4, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002072.txt
  • Corporation of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45 and 97-21, Request for Review, filed April 28, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002075.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Oct. 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Finger, Iowa City Community School District, dated Apr. 25, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002403.txt
  • and 54.722(a), that the Letter of Appeal filed on February 9, 2000, by Bancroft-Rosalie Community Schools, Bancroft, Nebraska, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Dr. Jon Cerny, Bancroft Rosalie Community Schools, to Federal Communications Commission, filed February 9, 2000 (Letter of Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(a). See Schools and Libraries Universal Service, Services Order and Clarification Form, OMB 3060-0806 (FCC Form 471), Block 5, Item 15; Instructions for Completing the Schools and Libraries Universal Service, Services Ordered, and Certification Form, OMB 3060-0806. Letter of the Schools and Libraries Division
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002574.txt
  • Appeal) Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kevin Valentine, Eatonville School District 404, dated April 18, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002722.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002722.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated September 14, 19999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kathleen Bravo, Youth Consultation Services, dated May 5, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Minor High School, CC Docket Nos. 96-45 and 97-21, Order, DA 00-1612 (rel. July 20, 2000), para. 5. Here, YCS' FCC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002841.txt
  • to Office of the Secretary, FCC, filed May 5, 2000 (Letter of Appeal). Section 54.719(c) provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. § 54.504. The Commission's rules provide one exception to this requirement for existing contracts as defined in section 54.511(c). 47 C.F.R. § 54.511(c). 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(b)(4), 54.504(c). See Minor High School, CC Docket Nos. 96-45 and 97-21, DA 00-1612 (released July 20, 2000) (affirming denial of request for funding based on violation of the 28-day posting requirement where applicant signed Form 471 one day before expiration of 28-day waiting
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00100.doc
  • 1997), affirmed in part, reversed in part, and remanded in part, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds), petitions for cert. pending. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. §§ 54.504(b)(3), (b)(4); 54.511(a). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). Universal Service Administrative Company, Schools and Libraries Division, ``SPIN Correction and Change Procedures,'' SLD web site, /http:/www.sl.universalservice.org/Reference/spin.asp. For example, an applicant alleging that its originally chosen service provider refuses to participate in the schools and libraries support mechanism must provide documentation of the provider's refusal to participate and the applicant's notification to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00167.txt
  • the Commission's rules. Accordingly, we grant the requests for review and remand those applications to SLD for further processing. Circumstances Do Not Warrant a Waiver of Our Competitive Bidding requirements. IV. ORDERING CLAUSE ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 54.504, 54.511, 54.719 and 54.722 of the Commission's rules, 47 C.F.R. §§ 54.504, 54.511, 54.719 and 54.722, that the November 24, 1999, December 16, 1999, and January 13, 2000, Letters of Appeal filed by MasterMind Internet Services, Inc., ARE DENIED IN PART and REMANDED IN PART FOR FURTHER PROCESSING TO THE EXTENT PROVIDED HEREIN. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Request
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010044.txt
  • Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Leslie Cohen, Austin Independent School District, dated April 14, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010045.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Barbara Hopkins, Baldwin Public Library, dated May 1, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010046.txt
  • Division, Universal Service Administrative Company, to Ronald K. MacClay, Lakeside Youth Services, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ronald K. MacClay, Education Consortium for Medford Township Board of Education (sic), dated June 12, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010047.txt
  • Carrier Bureau Letter from Bruce E. Worley, Oak Harbor School District No. 201, to the Federal Communications Commission, filed July 13, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010048.txt
  • (Letter of Appeal). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated September 21, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sandra Broomfield, Wells Public Library, dated May 10, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010147.txt
  • Chief, Accounting Policy Division Common Carrier Bureau Letter from R.G. Kirby, Raytown Quality Schools, to Federal Communications Commission, filed April 14, 2000 (Letter of Appeal). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010314.txt
  • 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Alter Obermeister, Yeshiva Ahavas Torah, to Federal Communications Commission, filed April 11, 2000 (Request for Review). 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. §§ 54.502, 504.503. 47 C.F.R. § 54.504. 47 C.F.R. § 54.504(b)(1). 47 C.F.R. §§ 54.504(b)(3) and (b)(4), 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Form 470), posted January 14, 1999. Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (Form 471), received March 26, 1999 by SLD. Request for Review at 1-2. ``Instructions for Completing the Schools and Libraries Universal Service Services Ordered
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010315.txt
  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010412.txt
  • Bureau Letter from Michael Gudjohnsen, Director of Purchasing, Antioch Unified School District Purchasing Department, to the Federal Communications Commission, filed August 21, 2000 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mike Gudjohnsen, Antioch Unified School District, dated July 20, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c) (exempting from competitive bidding requirements (1) contracts signed before July 10, 1997, for the life of the contract; and (2) in Year 1 only, contracts signed between July 10, 1997, and the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 99-1773, 1999 WL 680424 (Com. Car. Bur.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010433.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated March 8, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to J. Rogers Pope, Livingston Parish School District, dated May 2, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010607.txt
  • from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010773.txt
  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from John P. Conroy, Audrey Pack Memorial Library, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John P. Conroy, Audrey Pack Memorial Library, to Schools and Libraries Division, Universal Service Administrative Company, filed January 19, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to John P. Conroy, Audrey Pack Memorial Library, dated June 6, 2000 (Administrator's Decision on Waiver Request). See Waiver
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010834.txt
  • FCC Form 471 state that the date of signature for the FCC Form 471 ``CANNOT be earlier than the 29th day following the posting of the associated FCC Form 470 to the [SLD] Web Site.'' As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010854.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010854.txt
  • 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. The Commission's rules further provide, however, that eligible schools and libraries with pre-existing contracts are exempt from the competitive bidding requirement under certain circumstances. In relevant part, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. In such a case, the service request need not be subjected to competitive bidding. However, existing contract must have been reported on an FCC Form 470 either in the year of the funding request or in a prior funding
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010856.txt
  • the Commission's rules, SLD posts an applicant's FCC Form 470 specifying requested services on its web page for 28 days prior to the applicant's signing a contract for eligible services and submitting FCC Form 471. As noted, the Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract and also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011035.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011035.txt
  • Carrier Bureau Letter from Danielle Gustafson, Joliet Public Schools, to Federal Communications Commission, filed June 8, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(c). Letter from Schools and Libraries Division, Universal Service Corporation to Danielle C. Gustafson, Joliet Public Schools, dated November 16, 1999. Letter from Danielle C. Gustafson and Louise E. Coleman, Joliet Public Schools District 86, to Schools and Libraries Division, Universal Service Administrative Company, filed November 29, 1999. Letter from Schools and Libraries Division, Universal Service Administrative
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011036.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011036.txt
  • Letter from Lin Kautza, Tomahawk School District, Tomahawk, Wisconsin, to Federal Communications Commission, filed June 26, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB Approval No. 3060-0806 (FCC Form 470 Instructions) (September 1999) at p. 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB Approval No. 3060-0806 (FCC Form 471 Instructions) (September 1999) at
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011037.txt
  • and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dennis Small, Office of Superintendent of Public Instruction, dated May 4, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011118.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011118.txt
  • 2000 Request for Review filed by Cynthiana-Harrison County Public Library, Cynthiana, Kentucky, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from E. Susan Ellis, Cynthiana-Harrison County Public Library, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011119.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011119.txt
  • 33C, Lockport, Illinois, on July 6, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Letter from John Lavelle, Homer Community Consolidated School District 33C, Lockport, Illinois, to the Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Letter from John Lavelle, Homer Community Consolidated School District 33C, to Schools and Libraries Division, Universal Service Administrative Company, filed March 6, 2000. FCC Form 471, Homer Community Consolidated School District 33C, filed March 10, 2000. Letter from Schools and Libraries Division, to John Lavelle, Homer Community Consolidated School District 33C,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011120.txt
  • School, Irvington-on-Hudson, New York, on July 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Louise Frangella, Immaculate Conception School, Irvington-on-Hudson, to Federal Communications Commission, filed on July 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.507(c). Letter from Louise Frangella, Immaculate Conception School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 8, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Louise Frangella, Immaculate Conception School, dated June 21, 2000 (Administrator's Decision on Waiver Request); see also Letter from Schools and
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  • Public Schools, Danbury, Connecticut, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie C. Schroeder, Danbury Public Schools, to Federal Communications Commission, filed on July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011252.txt
  • Dummerston Elementary School, Dummerston, Vermont, on August 24, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Betsy Whittaker, Dummerston Elementary School, to Federal Communications Commission, filed on August 24, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011330.txt
  • by Powhatan School, Boyce, Virginia, on July 25, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Sister Elizabeth, Powhatan School, Boyce, Virginia, to Federal Communications Commission, filed July 25, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. §§ 54.507(g). >. Letter from Sister Elizabeth, Powhatan School, to Federal Communications Commission, filed July 25, 2000. FCC Form 471, Powhatan School, filed February 10, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sister Elizabeth, Powhatan School, dated July 25, 2000 (Administrator's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011362.txt
  • Service Administrative Company, to Tim Baumgartner, Redondo Beach Unified School District, dated September 17, 1999 (Notice of Failure to Meet Minimum Processing Standards); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patricia Hosken, Redondo Beach Unified School District, August 8, 2000 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504. 47 C.F.R. § 54.511(c)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011363.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011363.txt
  • March 13, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon, dated April 28, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nancy Dixon and Heidi McDuffie, dated February 27, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011412.txt
  • North Reading, Massachusetts, on August 16, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Sheehan, Flint Memorial Library, North Reading, Massachusetts, to Federal Communications Commission, filed August 16, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. SLD announced that it would consider applications for Year 2 (July 1, 1999 - June 30, 2000) that were received after April 6, 1999 and before March 2, 2000 (ei. after the original filing window deadline of April 6, 1999 had closed). Letter
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011506.txt
  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 47 C.F.R. §§ 54. 504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3). 47 C.F.R. § 54. 504(b)(4). 47 C.F.R. § 54.504(b)(4). 47 C.F.R. § 54.511(c). 47 C.F.R. §54.511(c)(i). Respectively, FCC Form 470, Altoona Area School District, USCN 924720000103034, filed April 14, 1998, and FCC Form 470, Altoona Area School District, USCN 798540000102256, filed April 14, 1998. Id. Since SLD is unable to locate the original forms filed by Altoona, we must rely on the copies of the Form 470s and Form 471s that Altoona submitted
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011509.txt
  • Accounting Policy Division Common Carrier Bureau Letter from Frank Summers, Evesham Township Public Schools, to Federal Communications Commission, filed August 31, 2000 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.504, 54.511(c)(1) (exempting from competitive bidding requirements (1) contracts signed on or before July 10, 1997, for the life of the contract; and (2) in Funding Year 1 only, contracts signed after July 10, 1997, and before the opening of the Administrator's website on January 30, 1998); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd 6732,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011510.txt
  • Education, Guntersville, Alabama, July 3, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joan Noel, Marshall County Board of Education, Guntersville, Alabama, to Federal Communications Commission, filed July 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Marshall County Board of Education, filed March 1, 2000. Letter from Joan Noel, Marshall Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed April 7, 2000 (SLD Waiver Request). Letter from Schools and Libraries Division, Universal Service Administrative Company,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011513.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011513.txt
  • bid requirements for the life of the contract; and (2) a contract signed after July 10, 1997, but the [ January 30, 1998] date on which the universal service competitive bid system became operational, is exempt from the competitive bid requirements only with respect to services that are provided under such contract for the first funding period. 47 C.F.R. §§ 54.511(c)(1)(i) and (ii); 54.511(d). FCC Form 470, "Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form (FCC Form 470)" at 7. See also Federal-State Joint Board on Universal Service and Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure, and Pricing End User Carrier Common Line Charge, CC Docket
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011515.txt
  • Request filed by St. Marys Public Library, St. Marys, Pennsylvania, on July 6, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Joseph Petrick, St. Marys Public Library, St. Marys, Pennsylvania, to Federal Communications Commission, filed July 6, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998) at 24 (FCC Form 471 Instructions).
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011808.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011808.txt
  • Policy Division Letter from Steven Clason, Goshen Community Schools, to Federal Communications Commission, dated March 26, 2001 (Request for Review). Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C.F.R. § 54.719(c). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. §§ 54.504(b)(1), 54.504(b)(3); see Instructions for Completing the Schools and Libraries Universal Service, Description of Services Requested and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September 1999) at 2-3. 47 C.F.R. § 54.504(c); see Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB Approval No. 3060-0806 (September
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011944.txt
  • Jersey on March 8, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Nancy Giotta, Mater Dei High School, New Monmouth, New Jersey, to Federal Communications Commission, filed March 8, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). >. FCC Form 471, Mater Dei High School, filed June 9, 1998. Letter from Nancy Giotta, Mater Dei High School, to Schools and Libraries Division, Universal Service Administrative Company, filed March 10, 1999. SLD processed this letter as a request for waiver. Letter from Schools and Libraries
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011975.txt
  • County Library, Hot Springs, Montana, to the Federal Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jean Patton, dated June 2, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Patton, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011977.txt
  • provide herein, and WASD's application is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jerry Wessel, West Allegheny School District, Imperial, Pennsylvania, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 September 1999 (FCC Form 470). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). Id. 47 C.F.R. § 54.507(g). Waiver Request. See SLD Problem Resolution Form Detail Log, dated December 21, 1999. FCC Form 470, West Allegheny School
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011981.txt
  • it is evident that Brockton did not request discounts for services provided pursuant to a tariff. We note that the instant appeal is distinguishable from prior appeals we have denied for failing to comply with the Commission's 28 day competitive bidding requirement, in that Brockton actually seeks discounts for a contract that meets one of the exceptions described in section 54.511(c) of the Commission's rules for existing, binding contracts. Indeed, based on the record, SLD should have been able to discern that Brockton had an exempt contract during its review of the appeal. The FCC Form 470 that Brockton cited to in its appeal to SLD, clearly indicates that Brockton had an existing, binding contract with New England Telephone and Telegraph
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  • New Paltz, New York, on February 29, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Deborah Brush, New Paltz Central School District, to Federal Communications Commission, filed February 29, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See Request for Review by Be'er Hagolah Institutes, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-108710, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 21809, para. 2 (Com. Car. Bur. 1999). See
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012017.txt
  • City Schools, Painesville, Ohio, on February 28, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from James R. Fodor, Painesville City Local Schools, to Federal Communications Commission, filed February 28, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request. See SLD website, What's New (November 2, 2000) <>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012019.txt
  • Loyola Academy, Baltimore, Maryland, on September 27, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jeffrey R. Sindler, Saint Ignatius Loyola Academy, to Federal Communications Commission, filed September 27, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 471, Saint Ignatius Loyola Academy, Baltimore, Maryland, filed May 8, 2000. Waiver Request at 1. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012020.txt
  • School District, Stephen, Minnesota, on February 26, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Melanie K. Stark, Stephen/Argyle Central School District, to Federal Communications Commission, filed February 26, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). FCC Overrules Caldwell Television, 58 RR 2d 1706, 1707 (1985) (denying waiver request where unexpected fog closed airport, resulting in application filed late). See Request for Review by Anderson School Staatsburg, Federal-State
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012021.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012021.txt
  • (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated May 12, 1998; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kenneth G. Reed, Wishek Public School District No. 19, dated February 15, 2000. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). See FCC Form 470, Wishek Public School District No. 19, filed April 1, 1998; 47 C.F.R. § 54.504(b)(4). See FCC Form 471,
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  • Bureau Letter from Heshy Arem, Yeshiva of Brooklyn, to Federal Communications Commission, filed April 10, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sylvia Zytnick, Yeshiva of Brooklyn, dated March 16, 2001. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(c); 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (December 1998), at 24 (FCC Form 471 Instructions). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See FCC Form 470, Yeshiva of Brooklyn, filed December 21, 1999. See id.; 47 C.F.R. § 54.504(b)(4). See FCC Form 471, Yeshiva of Brooklyn, filed January 19, 2000. >. See
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012023.txt
  • the Winchendon School, Winchendon, Massachusetts, on June 30, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from C. Jackson Blair, the Winchendon School, to Federal Communications Commission, filed June 30, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). In Funding
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  • Community School District, Huxley, Iowa, on February 20, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Connie Marker, Ballard Community School District, to Federal Communications Commission, filed February 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >>. 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. Waiver Request. See id. See Letter from Connie Marker, Ballard Community School District, to Schools and Libraries Division, Universal Service Administrative Company, filed January 4, 2001. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Connie
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012025.txt
  • Independent School District, Elgin, Texas, on November 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Barbara Allbright, Elgin Independent School District, to Federal Communications Commission, filed November 17, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Elgin Independent School District, filed February 18, 2000. See Waiver Request. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012026.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012026.txt
  • GTE Service Corp. v. FCC, 121 S.Ct. 423 (November 2, 2000 Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470); 47 C.F.R. § 54.504(b); Universal Service Order, para. 575. 47 C.F.R. § 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC Form 471). 47 C.F.R. § 54.511(c). 47 C.F.R. § 54.504(c). FCC Form 470, Block 3. 47 C.F.R. § 54.511(c). FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 261340000137230, filed January 14, 1999. FCC Form 470, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, USCN 390330000120972, filed January 14, 1999. Id. FCC Form 471, Reg 6 & 8 Sw/Ctrl/W Srvc Co-op, filed March 31, 1999,
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  • by Renaissance Charter School, Moscow, Idaho on March 20, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Carol Kampenhout, Renaissance Charter School, to Federal Communications Commission, filed March 20, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Waiver Request. There is a time difference of three hours, not two hours, between Pacific Standard Time and Eastern Standard Time, so that if Renaissance experienced difficulty at 10:00 p.m. Pacific Standard Time, the time would have been 1:00 a.m. Eastern Standard Time, more than an hour
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012063.txt
  • by SEED School, Washington, DC on April 21, 2000, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Thomas J. Downey, SEED School, to Federal Communications Commission, filed April 21, 2000 (Request for Review). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD website, SLD Announces Availability of New Forms, FCC Form 471, SEED School, filed January 19, 2000. See supra, FN 1. See Letter from Schools and Libraries Division, Universal Service Administrative Company, to John Ciccone, SEED School, dated February 2, 2001. Federal Communications Commission DA
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  • 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. The Commission's rules provide that eligible schools and libraries with existing contracts are exempt from the competitive bidding requirement under certain circumstances. Section 54.511(c)(1) exempts contracts entered on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided through
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012087.txt
  • timeframe for issuing Order regarding St. Jean Vianney's request and those of other applicants). However, because St. Jean Vianney seeks a waiver of our rules governing the filing window, we are treating its pleading as a Waiver Request. See 47 C.F.R. § 1.3. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). The funding window for Funding Year 2 initially closed on April 6, 1999. When it was determined that funds were available in excess of what had been requested by applicants who filed within the original window, the Commission directed SLD to re-open the filing window to permit additional
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  • County Public Schools, filed October 22, 1999 (Charlotte County Petition). Request for Review of a Decision of the Universal Service Administrator by Charlotte County Public Schools, CC Docket Nos. 96-45, 97-21, DA 99-2142, Order, 15 FCC Rcd 6993 (Com. Car. Bur. rel. 2000). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See supra note 2. Id. at 2. Charlotte County Petition at 2. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven R. Baker, Charlotte County Public Schools, dated April 27, 2001. Federal Communications Commission DA 01-2136 Federal Communications Commission DA 01-2136 h i } Ñ
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  • the Watonwan County Library, St. James, Minnesota, on July 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Cheryl Bjoin, Watonwan County Library, to Federal Communications Commission, filed July 11, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >>. The filing
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  • Communications Commission, filed April 6, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated October 20, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Dave Bringman, dated March 23, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012241.txt
  • a FCC Form 470 requesting services. The applicant must wait 28 days before entering into an agreement with a service provider for the requested services and submitting an FCC Form 471 requesting support for the services ordered by the applicant. The Commission's rules provide a limited exemption from the 28-day competitive bid requirement when applicants have "existing contracts.'' Specifically, section 54.511(c)(1) exempts contracts entered into on or prior to July 10, 1997 from competitive bidding requirements for the duration of the contract. Section 54.511(c)(1) also provides that contracts signed after July 10, 1997 and before January 30, 1998 (the date on which the Schools and Libraries website was fully operational) would be exempt from the competitive bidding requirement for services provided
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012276.txt
  • Sperry Public Schools, Sperry, Oklahoma, on October 7, 1999 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from David Jobe, Sperry Public Schools, to Federal Communications Commission, filed October 7, 1999 (Request for Waiver). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). See SLD web site, What's New (March, 2000) ; see Waiver Request at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Request for Waiver at 1. FCC Form 471, Sperry Public Schools, Sperry, Oklahoma, filed April 7, 1999. Letters from Schools and Libraries
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  • Communications Commission, filed April 28, 2001 (Request for Review). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated September 15, 2000 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don Schwegler, dated March 30, 2001 (Administrator's Decision on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c); see Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). See Request for Review by Minor High School, Federal-State Joint Board on Universal Service, Changes to the Board
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  • County Library District, Montpelier, Idaho, on November 3, 2000 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Mary Nate, Bear Lake County Library District, to Federal Communications Commission, filed November 3, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 471). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (September 1999) (FCC Form 471 Instructions), at 24. 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. >. FCC Form
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  • 471 as timely filed within the filing window. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Orlando P. Espinoza, West Las Vegas Schools, to Federal Communications Commission, filed June 26, 2000 (Waiver Request). See id. 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. §§ 54.504(c); 54.5079(c). Request for Review at 2. Id. Id. at 4-5. Id.; FCC Form 471, West Las Vegas Schools, filed January 20, 2000. Letter from Orlando Espinoza, West Las Vegas Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed April 3, 2000. Letter from Schools and Libraries Division, Universal Service Administrative
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  • Midland School District, Pleasant Plains, Arkansas, on February 15, 2001 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Jim LaRue, Midland School District, to Federal Communications Commission, filed February 15, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). >. Letter from Jim LaRue, Midland School District, to Schools and Libraries Division, Universal Service Administrative Company, filed February 15, 2001 (SLD Waiver Request). Waiver Request; SLD Waiver Request, at 1. FCC Form 470, Midland School District, filed January 17, 2001. See Waiver Request. Letter from the Schools
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012333.txt
  • Schools, Montville, New Jersey, on March 23, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Dominic J. Butler, Montville Township Public Schools, to Federal Communications Commission, filed March 23, 2001 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504(b)(1), (b)(3). 47 C.F.R. §§ 54.504(b)(3) and (4); § 54.511. 47 C.F.R. § 54.511(c). Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060-0806 (December 1998) (Form 471 Instructions), at 4. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). FCC Form 471, Montville Township Public Schools, filed January 17, 2000 (Montville FCC Form 471). >. Montville FCC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012401.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012401.txt
  • is REMANDED to SLD for further consideration in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau Letter from Kristi Pennebecker, Lettie W. Jensen Library, to Federal Communications Commission, filed February 26, 2000 (Waiver Request). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. § 54.504(b)(1), (b)(3). 47 C.F.R. § 54.504(b)(3), (4); § 54.511. 47 C.F.R. § 54.504(c). 47 C.F.R. § 54.507(c). 47 C.F.R. § 54.507(g). Waiver Request; SLD web site, What's New (November 2000) <> 47 C.F.R. § 54.504(b)(3), (4); § 54.511. Waiver Request; Lettie W. Jensen Library, filed initially October 23, 2000, FCC Form 470 (Form 470). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Kristi Pennebecker, Lettie W.
• http://www.fcc.gov/eb/Orders/2011/DA-11-1424A1.html
  • (e)(2)(i), (3), (e)(4), and (g) were amended.) Second Report and Order, 18 FCC Rcd at 9225, P: 66; Program Management Order, 22 FCC Rcd at 16387, P: 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 P:P: 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
• http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
  • (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an
• http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1270A1.pdf
  • 2003; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mark Stevenson, Send Technologies, L.L.C., dated January 20, 2004; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Steven J. Katz, on behalf of Union Parish School Board, dated January 20, 2004 (collectively, Administrator's Decisions on Appeal). 47 C.F.R. §§ 54.502, 54.503. 47 C.F.R. §§ 54.504, 54.511(c). See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (September 1999) (FCC Form 470). 47 C.F.R. § 54.504(c). See also Schools and Libraries Universal Service, Service Ordered and Certification Form, OMB 3060-0806 (October 1999) (FCC Form 471). 47 C.F.R. § 54.504(b). FCC Form 470, Item 6; Instructions for Completing the Schools and Libraries Universal
• http://www.fcc.gov/wcb/tapd/universal_service/schoolsandlibs.html
  • they made in submissions to the Universal Service Administrative Company for support under the E-rate program. DA 12-240 Order: [143]Word | [144]Acrobat 2/22/12 Aberdeen School District, Aberdeen, WA, et al: The Wireline Competition Bureau grants 37 appeals after finding that the petitioners either conducted a fair and open competitive bidding process or demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's competitive bidding rules. DA 12-248 Order: [145]Word | [146]Acrobat 2/22/12 Laurens County School District, Clinton, SC: The Wireline Competition Bureau denies four appeals after finding that the petitioners violated the Commission's competitive bidding rules. DA 12-247 Order: [147]Word | [148]Acrobat 2/22/12 Al-lhsan Academy, South Ozone Park, NY: Consistent with precedent, we grant one and deny 16 requests
• http://www.fcc.gov/wcb/tapd/universal_service/welcome.html
  • five requests from petitioners to correct clerical errors they made in submissions to the Universal Service Administrative Company for support under the E-rate program. [279]Word|[280]PDF 2/22/2012 Aberdeen School District Order: The Wireline Competition Bureau grants 37 appeals after finding that the petitioners either conducted a fair and open competitive bidding process or demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's competitive bidding rules. [281]Word|[282]PDF 2/22/2012 Laurens County School District Order: The Wireline Competition Bureau denies four appeals after finding that the petitioners violated the Commission's competitive bidding rules. [283]Word|[284]PDF 2/22/2012 Al-Ihan Academy Order: Consistent with precedent, we grant one and deny 16 requests from petitioners seeking review of decisions made by the Universal Service Administrative Company under