FCC Web Documents citing 54.523
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.txt
- pay more than the non-discounted portion of the requested services to USAC from its own funds because AT&T covers the amount of the discounted portion pending reimbursement from USAC. Thus, the net effect is that the only cash outlay from the applicant's own funds is the amount necessary to pay the non-discounted portion of the services, as required by section 54.523 of the Commission's rules. Further, given the complexity of AT&T's billing systems, we find that this process satisfies the purpose of section 54.514(a), because applicants that cannot pay the service provider's bill upon receipt and must await reimbursement from USAC have an alternative method by which to pay the non-discounted portion. III. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant
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- be conducted in an open and fair manner, given that another bidder is involved in the selection process. Id. at 4033, para. 11. Under such circumstances, the Commission found that ``a fair and open competitive bidding process has not occurred and the requirement that an applicant make a bona fide request for services has been violated.'' Id. 47 C.F.R. § 54.523; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, First Report and Order, 12 FCC Rcd 8776, 9036, para. 493 (1997) (subsequent history omitted) (Universal Service First Report and Order). See also Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26929,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.txt
- Jacknis, Communication Data and Security, Inc., to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45, 02-6 (filed Jan. 8, 2007). 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. §§ 54.501-503. 47 C.F.R. § 54.523. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9036, para. 493 (1997) (subsequent history omitted) (Universal Service First Report and Order). See Letter from USAC, Schools and Libraries Division, to Mozes Greenfeld, United Talmudical Academy (dated Nov. 16, 1999). See Memo from Office of Inspector General, Federal Communications Commission, to Chairman,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.txt
- of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.505. 47 C.F.R. § 54.523. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.txt
- support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-121771, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd 761, 762, para. 3 (Com. Car. Bur. 2002). See 47 C.F.R. § 54.523. Request for Waiver or Review at 2-3. Id. at 4. In fact, Mr. Ferrano was never an employee of USAC. Rather, he was a temporary employee of NECA - USAC's contractor at the time - between January 1999 and March 2001. Id. Id. Id. at 4-5. The relevant FCC Form 471 applications are Chad School File No. SLD-247033, Chad Science
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.txt
- 9029, 9078-79, paras. 480, 575-77 (1997) (Universal Service First Report and Order) (subsequent history omitted); see also 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). 47 C.F.R. § 54.523. Universal Service First Report and Order, 12 FCC Rcd at 9036, para. 493. In 2005 in the Schools and Libraries Fifth Report and Order, the Commission held that beneficiaries should pay the discounted price of eligible services within 90 days after delivery of service. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.txt
- applicants and service providers should keep ``executed contracts, signed and dated by both parties.'' Do not recover if there was a binding agreement that was legal under state law. See letter. 7. Non-telecommunications carrier provided telecommunications services. 54.501(a), stating that only telecom carriers may receive E-rate support for providing telecom services. Recover. 8. Failure to bill for the non-discounted portion. 54.523, requiring applicants to pay their share. Recover. 9. Funding disbursed priority two services below the funding threshold. This occurs when USAC funds priority one services that are actually priority two services because the entity has improperly categorized them and the entity's discount level is below the fundable priority two threshold for that funding year. 54.507(g), stating the rules of priority.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1181A1.txt
- 55 Tz /OPBaseFont1 10 Tf (16) Tj 1 0 0 1 78.2 367.949 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 107.75 367.949 Tm /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 137 366.299 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 144.2 367.949 Tm 97 Tz /OPBaseFont2 10 Tf (54.523.) Tj 1 0 0 1 70.049 346.599 Tm 93 Tz /OPBaseFont2 11 Tf ('7See) Tj 1 0 0 1 95.25 346.599 Tm 90 Tz /OPBaseFont1 11 Tf (appendix A; November 2010 Public Notice;) Tj 1 0 0 1 274.05 346.099 Tm 92 Tz /OPBaseFont2 11 Tf (Schools andLibraries Sixth Report and Order) Tj 1 0 0 1 461.5 345.849 Tm
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.txt
- § 54.719(c). See Letter from USAC, Schools and Libraries Division, to Chris Quintanilla, on behalf of Youthbuild Columbus Community School (dated Dec. 8, 2003) (USAC Appeal Decision); Letter from USAC, Schools and Libraries Division, to Gil Barno, Youthbuild Columbus Community School, at 6 (dated May 30, 2006) (Notice of Improperly Disbursed Funds Letter). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.523. See, e.g., Federal-State Joint Board on Universal Service, Changes to the Board of Directors for the National Exchange Carrier Association, Inc., Schools and Libraries Universal Service Support Mechanism, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004). Letter from USAC, Schools and Libraries Division, to Gil Barno, Youthbuild Columbus Community
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.txt
- purchase price. We direct USAC to discontinue its recovery actions against Fairfield County School District and return the $268,668 it previously recovered. In addition, we find that the other 16 petitioners did not pay their portion of the purchase price. We find that these 16 petitioners also did not demonstrate that good cause exists to justify a waiver of section 54.523 of the Commission's rules. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), the request for review or request for waiver filed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.txt
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.txt
- the general administrative process described above), a compliance attestation audit of each school and library on a specific FRN was undertaken. With compliance attestation audits, the auditee (management of the school or library receiving S&L support) is required to sign an assertion letter acknowledging its responsibility for compliance with applicable requirements of Commission rules (e.g. 47 C.F.R. §§ 54.500 - 54.523) as well as related FCC orders and interpretive opinions; and to make specific assertions relative to an applicant's compliance with those rules. Auditors test the assertions, and provide the cause(s) for the failure of an assertion. That is, auditors determine whether a beneficiary of the S&L program is in compliance with FCC rules and, if the beneficiary is not in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.txt
- the Commission's rules, in the following funding year. The Commission will issue a Public Notice seeking comment on the Administrator's proposed eligible services list. At least 60 days prior to the opening of the window for the following funding year, the Commission shall release a Public Notice attaching the final eligible services list for the upcoming funding year. 9. Section 54.523 is added as follows: 54.523 Payment for the non-discount portion of supported services. An eligible school, library, or consortium must pay the non-discount portion of services or products purchased with universal service discounts. An eligible school, library, or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
- libraries to be the best stewards of E-rate funding possible and to continue to fully use equipment purchased with universal service funds for as long as the equipment remains viable as an effective and efficient technology solution.224 Additionally, the New York State Education Department inquired whether the disposal of obsolete equipment by a service provider, free of charge, violates section 54.523 of our rules.225 We conclude that this service does not provide the incentive or inducement for selection that section 54.523 is 218 See U.S. Department of the Treasury, Report to The Congress on Depreciation Recovery Periods and Methods at 13-14, 111-112 (July 28, 2000), available at http://www.ustreas.gov/offices/tax-policy/library/depreci8.pdf (last visited Sept. 16, 2010); see also, e.g., Federal Accounting Standards Advisory Board,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1272A1.txt
- pay more than the non-discounted portion of the requested services to USAC from its own funds because AT&T covers the amount of the discounted portion pending reimbursement from USAC. Thus, the net effect is that the only cash outlay from the applicant's own funds is the amount necessary to pay the non-discounted portion of the services, as required by section 54.523 of the Commission's rules. Further, given the complexity of AT&T's billing systems, we find that this process satisfies the purpose of section 54.514(a), because applicants that cannot pay the service provider's bill upon receipt and must await reimbursement from USAC have an alternative method by which to pay the non-discounted portion. III. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant
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- be conducted in an open and fair manner, given that another bidder is involved in the selection process. Id. at 4033, para. 11. Under such circumstances, the Commission found that ``a fair and open competitive bidding process has not occurred and the requirement that an applicant make a bona fide request for services has been violated.'' Id. 47 C.F.R. § 54.523; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, First Report and Order, 12 FCC Rcd 8776, 9036, para. 493 (1997) (subsequent history omitted) (Universal Service First Report and Order). See also Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26929,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2374A1.txt
- Jacknis, Communication Data and Security, Inc., to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 96-45, 02-6 (filed Jan. 8, 2007). 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. §§ 54.501-503. 47 C.F.R. § 54.523. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9036, para. 493 (1997) (subsequent history omitted) (Universal Service First Report and Order). See Letter from USAC, Schools and Libraries Division, to Mozes Greenfeld, United Talmudical Academy (dated Nov. 16, 1999). See Memo from Office of Inspector General, Federal Communications Commission, to Chairman,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1946A1.txt
- of the Commission's rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). See Letter from Schools and Libraries Division, Audit Response, USAC, to Stewart Burleigh, Integrity (dated Oct. 24, 2007) (Audit Letter). 47 C.F.R. §§ 54.501-54.503. See 47 C.F.R. § 54.505. 47 C.F.R. § 54.523. 47 C.F.R. §§ 54.504, 54.511(c). 47 C.F.R. § 54.504(b). See 47 C.F.R. § 54.504(b); Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (Oct. 2004) (FCC Form 470). 47 C.F.R. § 54.504(b)(4). (last visited Aug. 28, 2009). Beginning July 1, 2004, the Commission's rules require the service provider to allow the applicant to select the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2245A1.txt
- support for ineligible services, entities and uses). See also Request for Review by Chelmsford Public Schools, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-121771, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd 761, 762, para. 3 (Com. Car. Bur. 2002). See 47 C.F.R. § 54.523. Request for Waiver or Review at 2-3. Id. at 4. In fact, Mr. Ferrano was never an employee of USAC. Rather, he was a temporary employee of NECA - USAC's contractor at the time - between January 1999 and March 2001. Id. Id. Id. at 4-5. The relevant FCC Form 471 applications are Chad School File No. SLD-247033, Chad Science
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2248A1.txt
- 9029, 9078-79, paras. 480, 575-77 (1997) (Universal Service First Report and Order) (subsequent history omitted); see also 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). 47 C.F.R. § 54.523. Universal Service First Report and Order, 12 FCC Rcd at 9036, para. 493. In 2005 in the Schools and Libraries Fifth Report and Order, the Commission held that beneficiaries should pay the discounted price of eligible services within 90 days after delivery of service. See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Fifth Report and Order
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.txt
- applicants and service providers should keep ``executed contracts, signed and dated by both parties.'' Do not recover if there was a binding agreement that was legal under state law. See letter. 7. Non-telecommunications carrier provided telecommunications services. 54.501(a), stating that only telecom carriers may receive E-rate support for providing telecom services. Recover. 8. Failure to bill for the non-discounted portion. 54.523, requiring applicants to pay their share. Recover. 9. Funding disbursed priority two services below the funding threshold. This occurs when USAC funds priority one services that are actually priority two services because the entity has improperly categorized them and the entity's discount level is below the fundable priority two threshold for that funding year. 54.507(g), stating the rules of priority.
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- 55 Tz /OPBaseFont1 10 Tf (16) Tj 1 0 0 1 78.2 367.949 Tm 96 Tz /OPBaseFont2 10 Tf (See 47) Tj 1 0 0 1 107.75 367.949 Tm /OPBaseFont1 10 Tf (C.F.R.) Tj 1 0 0 1 137 366.299 Tm 71 Tz /OPBaseFont0 10 Tf (§) Tj 1 0 0 1 144.2 367.949 Tm 97 Tz /OPBaseFont2 10 Tf (54.523.) Tj 1 0 0 1 70.049 346.599 Tm 93 Tz /OPBaseFont2 11 Tf ('7See) Tj 1 0 0 1 95.25 346.599 Tm 90 Tz /OPBaseFont1 11 Tf (appendix A; November 2010 Public Notice;) Tj 1 0 0 1 274.05 346.099 Tm 92 Tz /OPBaseFont2 11 Tf (Schools andLibraries Sixth Report and Order) Tj 1 0 0 1 461.5 345.849 Tm
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-83A1.txt
- § 54.719(c). See Letter from USAC, Schools and Libraries Division, to Chris Quintanilla, on behalf of Youthbuild Columbus Community School (dated Dec. 8, 2003) (USAC Appeal Decision); Letter from USAC, Schools and Libraries Division, to Gil Barno, Youthbuild Columbus Community School, at 6 (dated May 30, 2006) (Notice of Improperly Disbursed Funds Letter). 47 C.F.R. §§ 54.501-54.503. 47 C.F.R. §§ 54.523. See, e.g., Federal-State Joint Board on Universal Service, Changes to the Board of Directors for the National Exchange Carrier Association, Inc., Schools and Libraries Universal Service Support Mechanism, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004). Letter from USAC, Schools and Libraries Division, to Gil Barno, Youthbuild Columbus Community
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-241A1.txt
- purchase price. We direct USAC to discontinue its recovery actions against Fairfield County School District and return the $268,668 it previously recovered. In addition, we find that the other 16 petitioners did not pay their portion of the purchase price. We find that these 16 petitioners also did not demonstrate that good cause exists to justify a waiver of section 54.523 of the Commission's rules. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), the request for review or request for waiver filed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-452A1.txt
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). 47 C.F.R. §§ 54.504, 54.511(c). Id. §§ 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.txt
- the general administrative process described above), a compliance attestation audit of each school and library on a specific FRN was undertaken. With compliance attestation audits, the auditee (management of the school or library receiving S&L support) is required to sign an assertion letter acknowledging its responsibility for compliance with applicable requirements of Commission rules (e.g. 47 C.F.R. §§ 54.500 - 54.523) as well as related FCC orders and interpretive opinions; and to make specific assertions relative to an applicant's compliance with those rules. Auditors test the assertions, and provide the cause(s) for the failure of an assertion. That is, auditors determine whether a beneficiary of the S&L program is in compliance with FCC rules and, if the beneficiary is not in
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- the Commission's rules, in the following funding year. The Commission will issue a Public Notice seeking comment on the Administrator's proposed eligible services list. At least 60 days prior to the opening of the window for the following funding year, the Commission shall release a Public Notice attaching the final eligible services list for the upcoming funding year. 9. Section 54.523 is added as follows: 54.523 Payment for the non-discount portion of supported services. An eligible school, library, or consortium must pay the non-discount portion of services or products purchased with universal service discounts. An eligible school, library, or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
- libraries to be the best stewards of E-rate funding possible and to continue to fully use equipment purchased with universal service funds for as long as the equipment remains viable as an effective and efficient technology solution.224 Additionally, the New York State Education Department inquired whether the disposal of obsolete equipment by a service provider, free of charge, violates section 54.523 of our rules.225 We conclude that this service does not provide the incentive or inducement for selection that section 54.523 is 218 See U.S. Department of the Treasury, Report to The Congress on Depreciation Recovery Periods and Methods at 13-14, 111-112 (July 28, 2000), available at http://www.ustreas.gov/offices/tax-policy/library/depreci8.pdf (last visited Sept. 16, 2010); see also, e.g., Federal Accounting Standards Advisory Board,
- http://transition.fcc.gov/eb/Orders/2012/DA-12-452A1.html
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity
- http://www.fcc.gov/eb/Orders/2012/DA-12-452A1.html
- (e)(4), and (g)). Second Report and Order, 118 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). 47 C.F.R. S:S: 54.504, 54.511(c). Id. S:S: 54.505, 54.523. See Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028, 4032-33 paras. 10-12 (2000) (Mastermind Order) (finding that when an applicant surrenders control of the bidding process to an employee of an entity