**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

New Prague School District No. 721 ) File No. SLD-129651

New Prague, Minnesota )

)

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. )

**order**

**Adopted: August 17, 2000 Released: August 18, 2000**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division (Division) has under consideration a
    Letter of Appeal filed by New Prague School District No. 721 (New
    Prague), New Prague, Minnesota, on May 16, 2000.[^1] New Prague
    requests review of a decision by the Schools and Libraries Division
    (SLD) of the Universal Service Administrative Company to deny New
    Prague's application for discounted services under the schools and
    libraries universal service support mechanism.[^2] For the reasons
    set forth below, we deny the Letter of Appeal and affirm SLD's
    denial of New Prague's application.

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] The Commission's rules provide that, with one
    limited exception for existing, binding contracts, an eligible
    school, library or consortium that includes eligible schools or
    libraries must seek competitive bids for all services eligible for
    support.[^4] In accordance with the Commission's rules, an applicant
    must file with SLD, for posting to its website, an FCC Form 470
    requesting services.[^5] The applicant must wait 28 days from the
    date that SLD posts the applicant's FCC Form 470 to SLD's website
    before entering into an agreement with a service provider for the
    requested services and submitting an FCC Form 471 requesting support
    for the services ordered by the applicant.[^6] Further, the
    instructions for the FCC Form 471 state that the date of signature
    for the FCC Form 471 "CANNOT be earlier than the 29th day following
    the posting of the associated FCC Form 470 to the \[SLD\] Web
    Site."[^7]

3.  Upon review of the record, the Division concludes that SLD correctly
    denied New Prague's request for support. A signature date on an FCC
    Form 471 or on a service provider agreement that predates the
    expiration of the 28-day posting period indicates that the applicant
    failed to wait 28 days before entering into an agreement with a
    service provider and therefore violated the Commission's competitive
    bidding rules.[^8] The Common Carrier Bureau has consistently denied
    requests for review by applicants that had similarly violated the
    Commission's competitive bidding rules.[^9] The Division, therefore,
    denies New Prague's Letter of Appeal.

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 New
    Prague School District No. 721, New Prague, Minnesota, on May 16,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Sharon L. Webber

Deputy Chief, Accounting Policy Division Common Carrier Bureau

[^1]: Letter from Tim Rybak, New Prague School District No. 721, to the
    Federal Communications Commission, filed May 16, 2000 (Letter of
    Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Tim Rybak, New Prague School District
    721, dated October 12, 1999 (Funding Commitment Decision Letter);
    Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Tim Rybak, New Prague School District No.
    721, dated April 20, 2000 (Administrator's Decision on Appeal).

[^3]: 47 C.F.R. §§ 54.502, 54.503.

[^4]: 47 C.F.R. §§ 54.504, 54.511(c).

[^5]: *See* Schools and Libraries Universal Service, Description of
    Services Requested and Certification Form, OMB 3060-0806 (FCC Form
    470).

[^6]: 47 C.F.R. § 54.504(c); *see* Schools and Libraries Universal
    Service, Services Ordered and Certification Form, OMB 3060-0806 (FCC
    Form 471).

[^7]: Instructions for Completing the Schools and Libraries Universal
    Service Services Ordered and Certification Form (December 1998) at
    24 (FCC Form 471 Instructions).

[^8]: *See MasterMind Internet Services, Inc.*, CC Docket Nos. 96-45 and
    97-21, Order, FCC 00-167 (rel. May 23, 2000), para. 10.

[^9]: *See* *Cathedral Grade School*, CC Docket Nos. 96-45 and 97-21,
    Order, DA 99-2953 (rel. December 21, 1999); *Currituck County
    Schools*, CC Docket Nos. 96-45 and 97-21, Order, DA 00-625 (rel.
    March 23, 2000); *Gustine Independent School District*, CC Docket
    Nos. 96-45 and 97-21, Order, DA 99-2534 (rel. November 16, 1999).