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E-Rate - Schools & Libraries USF Program 2008 Headlines

Release
Date
Description FCC/DA#
11/21/08 Funding Year 2009 Eligible Services List for Schools and Libraries Universal Service Mechanism: By this public notice, the Commission releases the funding year 2009 Eligible Services List (ESL) for the schools and libraries universal service support mechanism (commonly known as E-rate) pursuant to section 54.522 of the Commission's rules. FCC-08-265
Public Notice: Word | Acrobat Eligible Services List Word | Acrobat
10/30/08 Acorn Public Library District, Oak Forest, Illinois, et al.: In this order, consistent with the Commission’s Bishop Perry Order and the Bureau’s Academy of Academic Excellence Order, the Telecommunications Access Policy Division grants 78 appeals of decisions by USAC denying their funding requests because the applicants failed to file their FCC Forms 471 before the filing window deadline. DA 08-2376
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10/30/08 Adams County Public Library, West Union, Ohio, et al.: In this order, the Telecommunications Access Policy Division (Division), grants 7 appeals filed by petitioners seeking review of USAC decisions reclassifying their services from Priority One services (telecommunications services or Internet access) to Priority Two services (internal connections and basic maintenance of internal connections) for funding years 2000-2005. The Division finds that the petitioners correctly classified their requested services as Priority One services and remands the underlying applications to USAC for further action consistent with this order. DA 08-2377
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10/30/08 Addison Northeast Supervisory Union, Bristol, Vermont, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 8 appeals of decisions of USAC denying E-rate funding for funding years 1999, 2005, and 2006. The applicants were denied funding because USAC found that they sought telecommunications service from providers that were not “telecommunications carriers.” The petitioners state, however, that their providers were telecommunications carriers, but that they had inadvertently entered the wrong SPINs on their applications. The Division finds that the issue raised here was recently addressed by the Bureau in the Brewster Academy Order and remands the underlying applications to USAC for further action consistent with the Brewster Academy Order. DA 08-2378
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10/30/08 Alcona County Library, Harrisville, Michigan, et al.: In this order, consistent with the Bureau’s Alaska Gateway School District Order, the Telecommunications Access Policy Division grants 34 appeals of USAC decisions to reduce or deny funding from the E-rate program for funding years 1999, 2001, 2004, 2005, and 2006, because USAC found that the applicants failed to timely submit their FCC Forms 486. DA 08-2379
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10/30/08 Approach Learning and Assessment Centers, Santa Ana, California, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 12 appeals of USAC decisions concerning applications for discounts under the E-rate program. The Division reverses USAC’s findings that the underlying applications violated the Commission’s competitive bidding rules. DA 08-2380
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10/30/08 Archer Public Library, Archer City, Texas, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 13 appeals of USAC decisions denying funding to the petitioners due to certain clerical or ministerial errors in completing their FCC Forms 471 or the associated Item 21 attachments under the E-rate program. The Division finds that the issues raised here are similar to those addressed by the Commission in the Bishop Perry Order. To the extent necessary, the Division waives section 54.504(c) of its rules to allow the petitioners to amend their original applications and associated Item 21 attachments submitted to USAC. DA 08-2381
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10/30/08 Barberton City School District, Barberton, Ohio, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 18 requests by schools and libraries for review of USAC decisions denying applications or rescinding funding for discounted services for funding years 2005 and 2006 on the grounds that they violated the Commission’s requirement that a legally binding agreement be in place when their FCC Form 471 application was submitted. The Division finds that the issues raised in 3 appeals were recently addressed by the Commission in the Adams County Order. The Division further finds that the appeals of 11 petitioners should be granted on the merits and remands the underlying applications to USAC for further action consistent with this order. DA 08-2382
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10/30/08 Bay Shore Union Free School District, Bay Shore, New York, et al.: In this order, the Telecommunications Access Policy Division (Division) 18 requests for review of USAC decisions denying petitioners funding during funding years 2001-2006 on the grounds that their service providers were not registered as telecommunications carriers at the time they filed their applications, or because the service provider identification numbers (SPINs) of the service providers seeking payment did not match the SPINs in the petitioners’ funding requests. The Division finds that USAC’s denials may have been based on inadvertent errors or misunderstandings that, if corrected, would have made the petitioners eligible for funding under the E-rate program. DA 08-2383
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10/30/08 Broaddus Independent School District, Broaddus, Texas, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 4 appeals of USAC decisions denying applications for discounted services under the E-rate program during funding years 2000-2003 after changing the service category of the applicants’ funding requests, because their service providers were not telecommunications carriers, as required by program rules. The Division finds that if the petitioners had been given the opportunity to explain the reason for their service category selection, USAC may not have reclassified their funding requests and their requests for discounts may have been funded. DA 08-2384
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10/30/08 Canon-McMillan School District, Canonsburg, Pennsylvania, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 20 appeals of USAC decisions denying funding because the applicants’ invoice forms were untimely filed or not received by USAC. The Division directs USAC to process the applicants’ invoice forms that were deemed untimely filed or not received by USAC. DA 08-2385
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10/30/08 Chester Upland School District, Chester, Pennsylvania, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 4 appeals that were denied by USAC because the applicants failed to demonstrate that they met the necessary resources requirement for applications in funding years 2002, 2004, and 2006. Consistent with the Commission’s Academy of Excellence Order, the Division grants the petitioners an opportunity to demonstrate that they met the requirement. DA 08-2386
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10/30/08 Colegio Nuestra Senora del Carmen, Hatillo, Puerto Rico, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 6 appeals of USAC decisions denying funding on the ground that the petitioners violated the Commission’s competitive bidding rules. USAC found that the petitioners failed to use price as the primary factor in their vendor selection processes or that the selected service providers improperly participated in the competitive bidding processes. The Division finds that the petitioners did not violate the Commission’s competitive bidding requirements. DA 08-2387
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10/30/08 Consorcio de Escuelas y Bibliotecas de Puerto Rico, San Juan, Puerto Rico, and Hispanic Information and Telecommunications Network, Brooklyn, New York: In this order, the Telecommunications Access Policy Division (Division) grants 2 appeals filed by Consorcio de Escuelas y Bibliotecas de Puerto Rico (Consorcio) and its service provider, Hispanic Information and Telecommunications Network, Inc. (HITN), of USAC decisions denying funding under the E-rate program for funding year 2001. USAC denied funding on the grounds that Consorcio improperly listed an employee of its service provider, HITN, as a contact person on its FCC Forms 470. The Division finds that special circumstances exist to justify a waiver of the Commission’s competitive bidding rules. DA 08-2388
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10/30/08 District of Columbia Public Schools, Washington, D.C.: In this order, the Telecommunications Access Policy Division (Division) grants 2 requests for review filed by Achieve Telecom Network of MA, LLC (Achieve Telecom) and E-Rate Elite Services, Inc. (E-Rate Elite) (collectively Petitioners) on behalf of the applicant, District of Columbia Public Schools (DCPS). Petitioners seek review of a USAC decision denying DCPS’s funding year 2005 applications for discounted services on the ground that the applicant failed to certify that E-rate Elite was authorized by DCPS to prepare the responses to USAC’s Selective Review Information Request (SRIR). The Division finds that, prior to USAC denying DCPS’s applications for funding under the E-rate program, USAC should have contacted DCPS and given it the opportunity to provide the SRIR certification and any necessary information to complete the review after failing to obtain the information from E-Rate Elite, the applicant’s consultant. DA 08-2389
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10/30/08 Delano Joint Union High School District, Delano, California, and Cityroots, Inc., Bakersfield, California: In this order, the Telecommunications Access Policy Division (Division) grants 2 appeals filed by Delano and Cityroots, one of Delano’s selected service providers, of USAC decisions seeking to recover funding already disbursed to Delano and its service providers on the ground that there was improper service provider involvement in the competitive bidding process. The Division finds that the record demonstrates that the Commission’s competitive bidding requirements were not violated and directs USAC to discontinue recovery actions against Delano and its service providers and, to the extent any funds have already been recovered from the parties, to refund the parties. DA 08-2362
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10/30/08 Excellence Charter School of Bedford-Stuyvesant, Brooklyn, New York, et al.: In this order, the Telecommunications Access Policy Division (Division) grants 21 appeals of applicants whose funding requests for funding years 2002 and 2004-2008 were denied by USAC after they missed a 7-day deadline for filing information USAC requested. The Division grants and remands the underlying applications consistent with the Commission’s Alpaugh Order. DA 08-2363
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10/30/08 Grand Rapids Public Schools, Grand Rapids, Michigan: In this order, the Telecommunications Access Policy Division (Division) grants a request by Grand Rapids seeking review of a USAC decision that denied funding for discounted services on the ground that Grand Rapids’s funding year 2006 application violated the Commission’s competitive bidding requirements. The Division finds that Grand Rapids should be allowed to correct the error on its FCC Form 471 that served as the basis for USAC’s denial of funding and remands the underlying application to USAC for further action. DA 08-2364
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10/30/08 Harvey Public Library District, Harvey, Illinois: In this order, the Telecommunications Access Policy Division (Division) grants the request by Harvey appealing a USAC decision that denied funding for funding year 2002. The Division finds that special circumstances exist to justify a waiver of USAC’s procedures and remands the appeal to USAC to reinstate the funding commitment. DA 08-2365
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10/30/08 Hillsboro Independent School District, Richmond, Texas: In this order, the Telecommunications Access Policy Division (Division) grants a request for review of a USAC decision denying funding to Hillsboro for funding year 2006 on the grounds that Hillsboro: (1) did not have valid contracts in place prior to filing its FCC Form 471; (2) requested telecommunications services from a service provider that was not a telecommunications carrier; and (3) failed to notify bidders that a request for proposal was issued. The Division finds that Hillsboro had valid contracts in place when it filed its FCC Form 471, and it properly posted and competitively bid for its Internet access service, consistent with the Commission’s competitive bidding rules. DA 08-2366
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10/30/08 Hispanic Information and Telecommunications Network, Inc., New York, New York: In this order, the Telecommunications Access Policy Division (Division) grants an appeal of a USAC decision seeking recovery of funding already disbursed to the Hispanic Information and Telecommunications Network for discounted services provided to the applicant, Biblioteca Residencial Aguadilla (Aguadilla), under the E-rate program. The Division remands this appeal to USAC to give Aguadilla an additional opportunity to provide evidence that it did not violate the E-rate program rules in any of the three ways identified in the audit report relied upon by USAC. DA 08-2367
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10/30/08 Liberal Unified School District, Liberal, Kansas: In this order, the Telecommunications Access Policy Division (Division) grants Liberal USD’s appeal of a USAC decision denying E-rate funding for its funding year 2003 application after finding that Liberal USD violated the Commission’s competitive bidding requirements. The Division grants the appeal, finding that, based on the record, no competitive bidding violation occurred, and remands the matter to USAC for appropriate action. DA 08-2368
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10/30/08 Midwestern Intermediate Unit IV, Grove City, Pennsylvania: In this letter, consistent with the Bureau’s Advanced Education Services Order, the Telecommunications Access Policy Division (Division) grants 2 appeals of USAC decisions, which denied E-rate applications on the ground that the consortium failed to submit letters of agency signed and dated prior to the certification of the consortium’s FCC Forms 471. DA 08-2369
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10/30/08 New Haven Free Public Library, New Haven, Connecticut: In this order, the Telecommunications Access Policy Division (Division) grants an appeal of a USAC decision rescinding funding disbursed to the New Haven for discounted services. USAC found that New Haven’s failure to produce requested invoice documentation during an internal audit warranted the recovery of the disbursed commitment. The Division finds good cause exists to grant and remand the appeal to USAC and directs USAC to suspend its recovery of the disbursed E-rate funding in accordance with the terms expressed herein and review its audit findings in light of the invoices presented. DA 08-2370
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10/30/08 Radford City Schools, Radford, Virginia: In this order, the Telecommunications Access Policy Division (Division) grants Radford’s request for review of a USAC decision denying funding to Radford for funding year 2001 on the grounds that Radford did not submit its FCC Form 470 signed certification page prior to filing its FCC Form 471. Consistent with precedent, the Division waives the requirement that the FCC Form 470 be certified prior to the filing of FCC Form 471, finding that Radford made a procedural error in not submitting the certification. The Division also notes that the funding requests that were denied were part of a Virginia statewide master contract for which Virginia filed certified FCC Forms 470, either as existing contracts or when issuing requests for proposals for new services. DA 08-2371
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10/30/08 Tekoa Academy of Accelerated Studies, Port Arthur, Texas: In this order, consistent with the Division’s Great Rivers Order, the Telecommunications Access Policy Division (Division) grants a waiver of the deadline for non-recurring services implementation. DA 08-2372
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10/30/08 Trenton City Schools, Brooklyn, New York: In this order, the Telecommunications Access Policy Division (Division) grants Trenton's appeal of a USAC decision reducing the funding sought by Trenton in funding year 2001 on the grounds that Trenton sought E-rate discounts for three entities ineligible for E-rate support. Based on the record, it appears that this matter can be resolved through further discussions between USAC staff and Trenton. The Division therefore directs USAC to contact Trenton to resolve the inconsistencies in the submitted information and review this matter in light of any additional information provided by Trenton. DA 08-2373
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10/30/08 United Talmudical Academy, Brooklyn, New York: In this order, the Telecommunications Access Policy Division (Division) grants United Talmudical Academy’s (UTA) appeal of a USAC decision seeking to recover funding already disbursed to UTA in funding year 1999 on the grounds that UTA did not pay the non-discounted portion of the E-rate services it purchased. Based on the record, it appears that this matter can be resolved through USAC’s review of additional documentation UTA provided to the Commission in its appeal, which it had not previously provided to USAC. The Division therefore directs USAC to review this matter in light of this additional information. DA 08-2374
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10/30/08 West Branch-Rose City Area Schools, West Branch, Michigan: In this order, the Telecommunications Access Policy Division (Division) grants an appeal filed by West Branch of a USAC decision denying West Branch’s request for reimbursement of the cost of services rendered under the E-rate program for funding year 2002. USAC denied West Branch’s request for reimbursement because the relevant invoice indicated that West Branch had paid service providers that were not listed on its funding commitment decision letter. Based on the record, it appears that this matter can be resolved through USAC’s review of the documentation West Branch provided to the Commission in its appeal. DA 08-2375
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9/17/08 State Of Iowa: The Wireline Competition Bureau seeks comment on a petition by the State of Iowa. Iowa seeks a waiver of the E-rate rules similar to the relief that was granted for Hurricane Katrina victims on behalf of victims of storms and floods in Iowa this past spring and early summer. Comments are due October 1, 2008, and reply comments are due October 8, 2008. DA 08-2102
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9/12/08 Notice of Inquiry Regarding USF Administration and Oversight: In this Notice of Inquiry, the Commission seeks comment on ways to further strengthen management, administration, and oversight of the universal service fund (USF), how to define more clearly the goals of the USF, and to identify any additional quantifiable performance measures that may be necessary or desirable. Comments are due November 13, 2008, and reply comments are due December 15, 2008. FCC-08-189
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8/20/08 Comment Cycle for Eligible Services List: The Wireline Competition Bureau announces that the summary for the Eligible Services List NPRM has been published in the Federal Register. Comments are due September 18, 2008, and reply comments are due October 3, 2008. DA 08-1930
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8/14/08 Inter-Tel, Inc. Reconsideration Order: The Wireline Competition Bureau grants a petition for reconsideration filed by Inter-Tel, Inc. (Inter-Tel), seeking partial reconsideration of the Approach Learning Order.  In that order, the Bureau addressed several appeals of USAC decisions relating to alleged violations of the Commission's competitive bidding requirements under the E-rate program. On reconsideration, the Bureau finds that the relief extended in the Approach Learning Order applies to any work that Inter-Tel had not yet performed for funding request numbers 764333, 764346, 764341, 764340. DA 08-1898
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8/12/08 Savannah R-III School District, Savannah, Missouri: In this order, the Telecommunications Access Policy Division grants a request for review filed by Savannah R-III School District (Savannah) for E-rate Funding Years 2003, 2004 and 2005, finding that Savannah demonstrated that on-premise satellite equipment was properly classified as Internet access for purposes of E-rate funding. DA 08-1890
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7/31/08 Funding Year 2009 Eligible Services List Public Notice: The Commission seeks comment on USAC's proposed E-rate eligible services list for funding year 2009. Comments are due August 14, 2008, and reply comments are due August 21, 2008. FCC 08-180
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7/31/08 E-Rate Eligible Services Notice of Proposed Rulemaking: The Commission seeks comment on changes to the eligible services list for E-rate universal service support. Comments on the notice of proposed rulemaking will be due 30 days after its publication in the Federal Register, and reply comments will be due 45 days after publication in the Federal Register. FCC 08-173
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6/23/08 E-rate Rollover Public Notice: The Wireline Competition Bureau announces that $600 million in unused funds will be carried forward from Funding Years 2002, 2003, and 2004 to increase the disbursements to schools and libraries in Funding Year 2008 in excess of the annual cap. DA 08-1470
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6/13/08 Arkansas Department of Information Systems (Arkansas DIS), Little Rock, Arkansas, et al.: The Telecommunications Access Policy Division grants two requests for review filed by Arkansas DIS, seeking review of decisions by USAC denying E-rate funding for Funding Years 2004 and 2005 for failure to timely submit FCC Forms 471, 486 or 472. DA 08-1418
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4/14/08 Mineola Union Free School District, Mineola, New York: Wireline Competition Bureau directs USAC to allow Mineola to submit two funding requests and consider them with its FY 2008 application. In FY 2008, Mineola timely submitted a paper copy of its FCC Form 471 to USAC. Upon realizing that it had inadvertently failed to include two of its three funding requests as part of its FY 2008 application, Mineola asked USAC if it could submit the missing two pages, including the two funding requests, to be included with its application as submitted to USAC. Based on the information provided to us by USAC staff, we find that this was a clerical error that can be corrected, pursuant to Commission precedent. DA 08-872
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4/14/08 SEND Technologies, L.L.C./Nexus Systems, Inc.: Bureau seeks comment on SEND’s petition for partial reconsideration of the Bureau’s Caldwell Parish Order, which, among other things, denied SEND’s Request for Review of a decision by USAC related to one applicant, Jackson Parish School District, denying it discounted services for Funding Years 2003 and 2004 under the E-rate program. DA 08-859
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4/10/08 Schools and Libraries, Letter Approving Funding Year 2008 PIA Procedures: In this letter, the Wireline Competition Bureau (Bureau) notifies the Universal Service Administrative Company (USAC) that the Bureau has approved the Schools and Libraries Funding Year 2008 Program Integrity Assurance FCC Form 471 Review procedures. DA 08-853
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3/11/08 Berrien County Intermediate School District, Berrien Springs, Michigan: In this letter, the Bureau directs USAC to review Berrien’s appeal in light of information provided to the Commission on appeal indicating that there was an inadvertent miscommunication regarding the amount of funding requested by Berrien. DA 08-546
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2/22/08 Caldwell Parish School District, et al., Columbia, Louisiana: In this Order, the Bureau grants in part and denies in part two Requests for Review filed by SEND Techonologies, L.L.C./Nexus Systems, Inc. seeking review of decisions by USAC denying E-rate funding for Funding Years 2002-2004 for improper service provider involvement in the applicants’ competitive bidding processes. DA 08-449
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2/8/08 Franklin-McKinley School District, San Jose, California: In this Order, consistent with the Commission's Adams County Order, the Bureau grants an appeal filed by Franklin-McKinley for review of a decision by USAC that rescinded funding already committed for Funding Year 2005 finding that Franklin-Mckinley had a legally binding Agreement with its service provider. DA 08-319
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