Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Burke County Board of Education

Download Options

Released: July 30, 2012

Federal Communications Commission

DA 12-1213

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Request for Waiver and Review of
)
a Decision of the
)
Universal Service Administrator by
)
)
)
Burke County Board of Education
)
File No. SLD-535983
Waynesboro, Georgia
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: July 30, 2012

Released: July 30, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant a request from the Burke County Board of Education
(Burke County)2 seeking review of a decision made by the Universal Service Administrative Company
(USAC) under the E-rate program (more formally known as the schools and libraries universal service
support program) denying a request for support on the grounds that the applicant failed to comply with
state and local procurement laws.3 Based on our review of the record, the underlying application involves
the same alleged competitive bidding issue addressed in the Aberdeen Order, in which we determined that
Burke County conducted a fair and open competitive bidding process under Commission rules in effect at
the time.4 We therefore grant the request for review as it concerns FCC Form 471 application number
535983 and remand the application to USAC for additional processing consistent with this order.5
2.
To ensure that the underlying application is resolved expeditiously, we direct USAC to
complete its review of the application and issue an award or a denial based on a complete review and


1 Requests for Review of Decisions of the Universal Service Administrator by Aberdeen School District, et al.,
Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 27 FCC Rcd 1941 (2012)
(Aberdeen Order) (finding that the petitioners conducted a fair and open competitive bidding process under
Commission rules in effect at the time of their applications).
2 See Letter from James Hyder, Jr., General Counsel, Burke County Board of Education, to Office of the Secretary,
Federal Communications Commission, CC Docket No. 02-6 (filed Oct. 29, 2010) (regarding FCC Form 471
application number 535983, funding request number (FRN)1483243).
3 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).
4 See Aberdeen Order, 27 FCC Rcd 1941, para. 1.
5 We intend to address the remaining issues concerning Burke County’s FCC Form 471 application number 530681
(FRN 1464648), FCC Form 471 application number 529893 (FRNs 1463004, 1462672, and 1457299), and FCC
Form 471 application number 522743 (FRN 1455019) in a subsequent order.

Federal Communications Commission

DA 12-1213

analysis no later than 60 calendar days from the release date of this order. In remanding the application to
USAC, we make no finding as to the ultimate eligibility of the services requested or Burke County’s
application.
3.
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 filed by the Burke County Board of Education IS GRANTED as it concerns FCC Form
471 application number 535983 and the underlying application IS REMANDED to USAC for further
consideration in accordance with this order.
FEDERAL COMMUNICATIONS COMMISSION
Trent Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.