**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Federal-State Joint Board on ) CC Docket No. 96-45

Universal Service )

)

Changes to the Board of Directors of the ) CC Docket No. 97-21

National Exchange Carrier Association, Inc. )

)

and the Application of )

)

Saint Jo Independent ) File No. SLD-47940

School District )

Saint Jo, Texas )

)

**ORDER**

**Adopted: August 2, 1999 Released: August 2, 1999**

By the Common Carrier Bureau:

1\. This Order denies an appeal filed May 4, 1999 by Saint Jo
Independent School District (\"Saint Jo\") from a decision of the
Schools and Libraries Division (\"SLD\") of the Universal Service
Administrative Company to deny Saint Jo\'s application. We agree with
SLD\'s determination that Saint Jo\'s FCC Form 471 application, which
eligible schools and libraries must file in order to request discounts
on eligible services, was received after the close of the 1999-2000
filing window, and that its application was therefore properly denied.

2\. Saint Jo recites that on April 20, 1999 it was informed by SLD that
Saint Jo\'s Form 471 application was received by SLD after the filing
window closed at 11:59 p.m. ET on April 6, 1999. Saint Jo asserts that
\"\[t\]his is ridiculous\" because all forms it previously sent to SLD
were received on time, and it submits copies of certified mail receipts
to show that average delivery time has been about four days. By
contrast, Saint Jo maintains, although its Form 471 application was
postmarked March 29, 1999, the certified mail receipt indicates that it
was not delivered to SLD until April 12, two weeks later.

3\. SLD is authorized to establish and implement filing periods for FCC
Form 471 applications by schools and libraries seeking to receive
discounts for eligible services. [See]{.underline} 47 CFR § 54.507(c).
SLD considers applications received outside the filing window only if
there are funds available after funding commitments are made for
applications received within the window. The documentation submitted by
Saint Jo clearly establishes that its FCC Form 471 application was
received by SLD six days after the close of the 1999-2000 filing window.
The evidence presented by Saint Jo of receipts from its prior mailings
only shows that the time required for delivery of certified mail varies
considerably, but not that its current filing was timely. We also point
out in this regard that Saint Jo had an alternative means for filing its
application. The instructions for completing FCC Form 471 provide that
the form may be mailed or filed electronically and state specifically
that applicants \"are encouraged to complete and submit this form
electronically.\" FCC Form 471 Instructions, Sections II B, III. In
these circumstances, we conclude that SLD reached the correct result.

4\. 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 appeal filed by Saint Jo
Independent School District on May 4, 1999 IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Lisa M. Zaina

Acting Deputy Chief

Common Carrier Bureau