******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Request for Review ) of the Decision of ) the Universal Service Administrator by ) ) Yelm Community Schools ) File No. SLD-109156 Yelm, WA ) ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 ) Changes to the Board of Directors ) CC Docket No. 97-21 of the National Exchange Carrier ) Association, Inc. ) ORDER Adopted: November 16, 1999 Released: November 16, 1999 By the Common Carrier Bureau: 1. The Common Carrier Bureau has under consideration a Letter of Appeal from Yelm Community Schools (Yelm), dated June 21, 1999, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). Yelm seeks review of the SLD's denial of its application for discounts under the schools and libraries universal service support mechanism. For the reasons set forth below, we grant the Letter of Appeal to the extent described herein. 2. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. 3. By letter dated January 26, 1999, the SLD denied Yelm's request for discounts. Yelm appealed the SLD's decision by letter dated February 19, 1999. On May 24, 1999, the SLD affirmed its initial funding decision. The Administrator's Decision on Appeal indicated that services listed by Yelm as Internet access included some internal connection services. It further indicated that where a particular funding request included some internal connections, the entire funding request was recategorized by SLD as internal connection services so as to "avoid the possibility of treating priority two services (Internal Connections) as priority one services (Telecommunications, Dedicated and Internet Access services)." Because internal connections are funded only when a discount level of 70 percent or above has been shown, these services could not be supported for this funding period. 4. Yelm maintains that the service at issue that was reclassified as internal connections by SLD is a bundled service consisting of copper T1 service. As such, Yelm claims it should properly be reclassified as a telecommunications service. 5. We agree with Yelm that, for the purpose of obtaining universal service discounts, copper T1 service is generally classified as telecommunications service unless it is dedicated to Internet access. We note that, in Williamsburg-James City, the Commission determined that, in cases where, as here, an FCC Form 471 was submitted before the establishment of the Commission's rules of priority in the Fifth Reconsideration Order, appeals involving applications that were denied because of the inclusion of some internal connections should be remanded to SLD for reprocessing so that priority one and priority two services could be considered separately on their own merits. We, therefore, remand Yelm's application and direct SLD to issue a new funding commitment decision letter based on the originally submitted FCC Form 471 and any further consultations with the applicant that may be necessary. We further direct the SLD to determine the extent to which the T1 service at issue should be reclassified. 6. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R.  0.91, 0.291, and 54.722 (a), that the Letter of Appeal filed by Yelm Community Schools on June 21, 1999 IS GRANTED to the extent provided herein. 7. IT IS FURTHER ORDERED that the Administrator IS DIRECTED to implement this decision. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau