**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
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| Request for Waiver by            | ** |                              |
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+----------------------------------+----+------------------------------+
| Dermott Special School District  |    | File No. SLD-252777          |
|                                  |    |                              |
| Dermott, Arkansas                |    |                              |
+----------------------------------+----+------------------------------+
| Hoven School District No. 53-2   |    | File No. SLD-261808          |
|                                  |    |                              |
| Hoven, South Dakota              |    |                              |
+----------------------------------+----+------------------------------+
| Mastics-Moriches-Shirley         |    | File No. SLD-277850          |
| Community Library                |    |                              |
|                                  |    |                              |
| Shirley, New York                |    |                              |
+----------------------------------+----+------------------------------+
| Mounds Public Schools            |    | File No. SLD-265880          |
|                                  |    |                              |
| Mounds, Oklahoma                 |    |                              |
+----------------------------------+----+------------------------------+
| Reading-Muhlenberg Area          |    | File No. SLD-257325          |
|                                  |    |                              |
| Vocational-Technical School      |    |                              |
|                                  |    |                              |
| Reading, Pennsylvania            |    |                              |
+----------------------------------+----+------------------------------+
| Versailles Exempted Village      |    | File No. SLD-270374          |
| Schools                          |    |                              |
|                                  |    |                              |
| Versailles, Ohio                 |    |                              |
+----------------------------------+----+------------------------------+
| Westbrook School Department      |    | File No. SLD-220712          |
|                                  |    |                              |
| Westbrook, Massachusetts         |    |                              |
+----------------------------------+----+------------------------------+
| Wilcox County Schools            |    | File Nos. SLD-252443,        |
|                                  |    | SLD-256802, SLD-257092,      |
| Camden, Alabama                  |    | SLD-257221, SLD-257582,      |
|                                  |    | SLD-257352, SLD-257702,      |
|                                  |    | SLD-259623                   |
+----------------------------------+----+------------------------------+
| Federal-State Joint Board on     |    | CC Docket No. 96-45          |
|                                  |    |                              |
| Universal Service                |    | CC Docket No. 97-21          |
|                                  |    |                              |
| Changes to the Board of          |    |                              |
| Directors of the                 |    |                              |
|                                  |    |                              |
| National Exchange Carrier        |    |                              |
| Associations, Inc.               |    |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: March 18, 2002 Released: March 19, 2002**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration the
    above-captioned Waiver Requests, seeking a waiver of the
    Commission's rules governing the schools and libraries universal
    service support mechanism.[^1] Specifically, the above-captioned
    entities request a waiver of the filing deadline for Funding Year 4
    because of delays related to the actions or omissions of either
    employees or contractors.[^2] For the reasons set forth below, we
    deny the above-captioned Waiver Requests.

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] In order to receive discounts on eligible services,
    the Commission's rules require that the applicant submit to the
    Schools and Libraries Division (SLD) of the Administrator a
    completed FCC Form 470.[^4] Once the applicant has complied with the
    Commission's competitive bidding requirements and entered into an
    agreement for eligible services, it must submit a completed FCC Form
    471 application to the Administrator.[^5] The Commission's rules
    require that the applicant file the FCC Form 471 by the filing
    window deadline to be considered pursuant to the funding priorities
    for in-window applicants.[^6] The last day of the filing window for
    Funding Year 4 was January 18, 2001 and all paper components of
    applications had to be postmarked by that date.[^7]

3.  The requests from the above-captioned applicants can be granted only
    if waiving the deadline is supported by a showing of good cause.[^8]
    A deviation from a general rule is not permitted unless special
    circumstances warrant it and the deviation would better serve the
    public interest than strict adherence to the general rule. [^9] SLD
    reviews and processes thousands of applications each year, and
    therefore it is administratively necessary to place on the applicant
    responsibility for complying with rules and procedures.[^10] Timely
    submissions are needed because, under the funding mechanism, all
    requests for funding received within the initial filing deadline
    must be analyzed together in order to properly allocate funds.[^11]

4.  We have traditionally held applicants to a high standard for
    waivers, noting that ultimately it is the applicant who has
    responsibility for the timely submission of its application. We have
    held that neither employee illness nor misunderstanding relieves
    applicants of their responsibility to understand and comply with the
    program.[^12] This remains true in cases where an entity employs a
    consultant to file the application.[^13] We note that the
    instructions for the Year 4 FCC Form 471 explain that certain items
    must be mailed to the SLD in addition to any electronic filing, and
    that the Item 21 attachments and Block 6 certification also be
    postmarked no later than January 18, 2001.[^14] We therefore
    conclude that above-captioned entities have not demonstrated special
    circumstances upon which to grant their Waiver Requests. We address
    each of the Waiver Requests below.

    **[Analysis of Individual Waiver Requests]{.underline}**

5.  [Dermott Special School District.]{.underline} Dermott Special
    School District (Dermott) states that it was late in submitting its
    Block 6 certification because the former superintendent delayed
    signing it.[^15] Dermott states it filed the bulk of its FCC Form
    471 electronically on January 17, 2001.[^16] The applicant states
    that, after a delay in obtaining a signature for the certification,
    the completed material was given to an employee to mail January 18,
    2001.[^17] However, the record demonstrates that the material was
    postmarked January 19, 2001.[^18] Dermott offers no explanation as
    to why the form was not postmarked on January 18, 2001 when it was
    ready. The applicant ultimately bears the responsibility of
    completing the relevant forms and submitting them within the
    established deadline if the applicant wishes to be considered with
    other in-window applicants.[^19] How the applicant delegates
    responsibility for the applications is not relevant to our analysis.
    We conclude that Dermott has not demonstrated the existence of any
    special circumstances warranting a deviation from our rules, and
    therefore, we deny its Waiver Request.

6.  [Hoven School District No. 53-2.]{.underline} Hoven School District
    No. 53-2 (Hoven) states that it was late in submitting its forms
    because of an employee's error.[^20] Hoven did not file its FCC Form
    470 until January 5, 2001.[^21] In order to have complied with the
    28-day competitive bidding requirements, therefore, Hoven was not
    permitted to contract for the services or file its FCC Form 471
    until February 2, 2001, which was outside the filing window.[^22]
    Hoven submitted its FCC Form 471 on February 10, 2001, well outside
    the January filing window.[^23] Hoven attributes the delay in
    initially filing to an employee who "did not complete his job," and
    argues that it should "not be penalized" for "the neglect of duty by
    its employee." [^24] The applicant ultimately bears the
    responsibility of completing the relevant forms and submitting them
    within the established deadline if the applicant wishes to be
    considered with other in-window applicants.[^25] How the applicant
    delegates responsibility for the applications is not relevant to our
    analysis. We conclude that Hoven has not demonstrated the existence
    of any special circumstances warranting a deviation from our rules,
    and therefore, we deny its Waiver Request.

7.  [Mastics-Moriches-Shirley Community Library]{.underline}.
    Mastics-Moriches-Shirley Community Library (MMS) states that it
    missed the in-window deadline for both of its FCC Forms 470 and 471
    because of staffing problems.[^26] MMS submitted its FCC Form 470 on
    February 15, 2001 and mailed its FCC Form 471 on April 24,
    2001.[^27] MMS states the delays in filing were due to "a change in
    staffing and clerical error."[^28] In further support of its Waiver
    Request, MMS offers that it complied with the deadlines for Funding
    Years 1, 2, and 3; it is located in a very low income area; and that
    its funding application is only for local and long distance tariff
    telephone services.[^29] Because all applicants are required to
    submit an FCC Form 471 annually, the type of service that MMS has is
    not relevant here.[^30] The applicant ultimately bears the
    responsibility of completing the relevant forms and submitting them
    within the established deadline if the applicant wishes to be
    considered with other in-window applicants.[^31] How the applicant
    delegates responsibility for the applications is not relevant to our
    analysis. We conclude that MMS has not demonstrated the existence of
    any special circumstances warranting a deviation from our rules, and
    therefore, we deny its Waiver Request.

8.  [Mounds Public Schools.]{.underline} Mounds Public Schools (Mounds)
    states that it missed the in-window deadline for the FCC Form 471
    because the third-party contractor it relied upon was late in
    filing.[^32] Mounds states that it has used a third-party computer
    vendor to assist it with its applications for discounts for the last
    three years.[^33] Although the FCC Form 470 for Mounds was posted as
    early as October 25, 2000, its FCC Form 471 was only filed on
    February 15, 2001, more than a month after the filing window
    closed.[^34] Mounds explains that the third party failed to meet the
    deadline despite reminders from Mounds.[^35] Mounds also notes that
    the school district has limited funding and depends greatly upon the
    SLD program.[^36] While an applicant may employ consultants to
    assist it, the applicant ultimately bears the responsibility of
    completing the relevant forms and submitting them within the
    established deadline if the applicant wishes to be considered with
    other in-window applicants.[^37] We conclude that MMS has not
    demonstrated the existence of any special circumstances warranting a
    deviation from our rules, and therefore, we deny its Waiver Request.

9.  [Reading-Muhlenberg Area Vocational-Technical School.]{.underline}
    Reading-Muhlenberg Area Vocational-Technical School (RMAVTS) states
    that it missed the filing deadline due to staffing changes.[^38]
    RMAVTS states that the employee usually responsible for applications
    under the universal service support mechanism left RMAVTS in October
    2000.[^39] RMAVTS explains that until a new person was hired, an
    employee who had no experience with the schools and libraries
    program assumed the school's responsibilities and was unaware that
    there were attachments needed for its FCC Form 471.[^40] RMAVTS
    electronically filed the main portion of its FCC Form 471, without
    attachments, on January 18, 2001.[^41] RMAVTS states that it was
    informed of its omission when it called to check the status of the
    application, and forwarded the necessary material to SLD on March
    16, 2001.[^42] The applicant ultimately bears the responsibility of
    completing the relevant forms and submitting them within the
    established deadline if the applicant wishes to be considered with
    other in-window applicants.[^43] How the applicant delegates
    responsibility for the applications is not relevant to our analysis.
    We conclude that RMAVTS has not demonstrated the existence of any
    special circumstances warranting a deviation from our rules, and
    therefore, we deny its Waiver Request.

10. [Versailles Exempted Village Schools.]{.underline} Versailles
    Exempted Village Schools (Versailles) states that it was late in
    filing both of its FCC Forms 470 and 471 because of circumstances
    affecting the availability of an employee.[^44] Versailles states
    that the school district is small and the superintendent was the
    only person directly involved in the universal service support
    discount program.[^45] Versailles states that six days before its
    FCC Form 470 needed to be filed, the superintendent was called out
    of town due to the illness and death of a family member.[^46]
    Versailles submitted its FCC Form 470 on January 12, 2001 and its
    FCC Form 471 on February 19, 2001.[^47] Versailles requests a waiver
    of the in-window deadline.[^48] Although the circumstances described
    by Versailles are unfortunate, the fact that only one Versailles
    employee was trained to complete FCC Form 470 does not constitute
    special circumstances for purposes of our waiver standard. The
    applicant ultimately bears the responsibility of completing the
    relevant forms and submitting them within the established deadline
    if the applicant wishes to be considered with other in-window
    applicants.[^49] Versailles, therefore, has not demonstrated the
    existence of any special circumstances warranting a deviation from
    our rules, and we must deny its Waiver Request.

11. [Westbrook School Department.]{.underline} Westbrook School
    Department (Westbrook) states that it was late in filing its
    application because its staff misunderstood the process.[^50]
    Westbrook submitted its FCC Form 471 on May 30, 2001, more than four
    months after the filing window had closed.[^51] Westbrook attributes
    the delay to unexplained and unexpected circumstances, and the lack
    of staff who understood the process and urgency of filing.[^52]
    Westbrook also states in its letter to SLD that it misunderstood the
    instructions and only sent material to a state agency.[^53] The
    applicant ultimately bears the responsibility of completing the
    relevant forms and submitting them within the established deadline
    if the applicant wishes to be considered with other in-window
    applicants.[^54] Whether the staff misunderstood the process is
    irrelevant to our analysis. We conclude that Westbrook has not
    demonstrated the existence of any special circumstances warranting a
    deviation from our rules, and, therefore, we deny its Waiver
    Request.

12. [Wilcox County Schools]{.underline}. Wilcox County Schools (Wilcox)
    states that it was late in submitting completed forms for eight
    applications because of an employee's error.[^55] Wilcox completed
    electronic filing of the main portion of its FCC Form 471 online by
    January 18, 2001.[^56] However, the Item 21 attachments and Block 6
    certification page were postmarked on January 19, 2001.[^57] Wilcox
    explains that the employee in charge of filing the applications
    reassured others that the task was being completed on time.[^58]
    Wilcox also notes that the employee was later dismissed.[^59] Wilcox
    asks that the system not be penalized, stating that it will not be
    able to fund the requested services on its own.[^60] The applicant
    ultimately bears the responsibility of completing the relevant forms
    and submitting them within the established deadline if the applicant
    wishes to be considered with other in-window applicants.[^61] How
    the applicant delegates responsibility for the applications is not
    relevant to our analysis. We conclude that Wilcox has not
    demonstrated the existence of any special circumstances warranting a
    deviation from our rules, and therefore, we deny its Waiver Request.

13. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under
    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), that the Waiver
    Request filed by Dermott Special School District, Dermott, Arkansas,
    on August 17, 2001; Hoven School District No. 53-2, Hoven, South
    Dakota, on August 24, 2001; Mastics-Moriches-Shirley Community
    Library, Shirley, New York, on August 16, 2001; Mounds Public
    Schools, Mounds, Oklahoma, on August 20, 2001; Reading-Muhlenberg
    Area Vocational-Technical School, Reading, Pennsylvania, on July 30,
    2001; Versailles Exempted Village Schools, Versailles, Ohio, on
    August 6, 2001; Westbrook School Department, Westbrook,
    Massachusetts on September 7, 2001; Wilcox County Schools, Camden,
    Alabama, on August 13, 2001 ARE DENIED.

FEDERAL COMMUNICATIONS COMMISSION

> Mark G. Seifert
>
> Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Penny Lay and Dennis Meins, Dermott Special School
    District, to Federal Communications Commission, filed August 17,
    2001; Letter from Ron Jacobson, Hoven School District No. 53-2, to
    Federal Communications Commission, filed August 24, 2001; Letter
    from Dennis Fabiszak, Mastics-Moriches-Shirley Community Library, to
    Federal Communications Commission, filed August 16, 2001; Letter
    from Dennis Campbell, Mounds Public Schools, to Federal
    Communications Commission, filed August 20, 2001; Letter from Thomas
    P. Mohn, Reading-Muhlenberg Area Vocational-Technical School, to
    Federal Communications Commission, filed July 30, 2001; Letter from
    Gregory P. Taylor, Versailles Exempted Village Schools, to Federal
    Communications Commission, filed August 6, 2001; Letter from Tyler
    Dunphy, Westbrook School Department, to Federal Communications
    Commission, filed September 7, 2001; Letter from Malcolm Cain,
    Wilcox County Schools, to Federal Communications Commission, filed
    August 13, 2001 (Waiver Requests).

[^2]: *See* Waiver Requests*.* Section 54.719(c) of the Commission's
    rules provides that any person aggrieved by an action taken by a
    division of the Universal Service Administrative Company
    (Administrator) may seek review from the Commission. 47 C.F.R. §
    54.719(c).

[^3]: 47 C.F.R. §§ 54.501--54.503.

[^4]: 47 C.F.R. § 54.504(b).

[^5]: 47 C.F.R. § 54.504(c).

[^6]: 47 C.F.R. §§ 54.504(c), 54.507(g).

[^7]: SLD website, FCC Form 471 Window Opens for Year 4 Applicants; New
    Filing Requirements Firmly Established (November 2, 2000)
    \<[http://www.sl.universalservice.org/whatsnew/112000.asp#110200]{.underline}\>
    (Window Notice).

[^8]: *See* 47 C.F.R. § 1.3.

[^9]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) (appeals court vacating a Commission decision to
    grant a waiver in a licensing issue, because it was arbitrary and
    capricious).

[^10]: *See Request for Review by Anderson School Staatsburg,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-133664, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC
    Rcd 25610, para. 8 (Com. Car. Bur. 2000).

[^11]: *See* 47 C.F.R. § 54.507(g).

[^12]: *See, e.g., Request for Review by East Brunswick Public Schools,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. SLD-276585, CC Docket Nos. 96-45 and 97-21, Order, DA
    01-2520 (Com. Car. Bur. rel. Oct. 31, 2001) (*East Brunswick*)
    (denying waiver request in case when employee handling forms
    resigned due to illness and new person did not know requirements).
    S*ee also* *Request for Review by New Orleans Public Schools,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File Nos. SLD-201456, SLD-201463, SLD-201409, SLD-201449,
    SLD-201493, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd.
    16653, para. 18 (Com. Car. Bur. 2001) (*New Orleans*) (denying
    waiver request in case where there were personnel disruptions and
    replacement of a sick employee skilled in the application process);
    *Request for Review by Danbury Public Schools, Federal-State Joint
    Board on Universal Service, Changes to the Board of Directors of the
    National Exchange Carrier Association, Inc.,* File No.
    NEC.471.04-13-00.31900001, CC Docket Nos. 96-45 and 97-21, Order, 16
    FCC Rcd 10910 (Com. Car. Bur. 2001) (*Danbury*) (denying waiver
    request in case when employee responsible for filing failed to do
    so); *Request for Review by St. Mary's Public Library, Federal-State
    Joint Board on Universal Service, Changes to the Board of Directors
    of the National Exchange Carrier Association, Inc.,* File No.
    NEC.471.12-07-99.02000002, CC Docket Nos. 96-45 and 97-21, Order, 16
    FCC Rcd 12936, para. 5 (Com. Car. Bur. 2001) (*St. Mary's*) (denying
    a waiver request to the extent it is requested "due to
    misunderstanding of the program rules")

[^13]: *Request for Review by Homer Community Consolidated S.D. 33C,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. NEC.70C.03-10-00.09700014, CC Docket Nos. 96-45 and 97-21,
    Order, 16 FCC Rcd 9353 (Com. Car. Bur. 2001) (*Homer)* (denying
    waiver request when school learned after deadline that the
    consultant it had relied upon failed to file).

[^14]: *See* Instructions for Completing the Schools and Libraries
    Universal Service, Services Ordered and Certification Form (FCC Form
    471), OMB 3060-0806 (October 2000). *See also* SLD website, Form 471
    Minimum Processing Standards and Filing Requirements for FY 4
    \<[http://www.sl.universalservice.org/reference/471mps.asp]{.underline}\>.
    Although the Funding Year 4 standards were displayed on the Internet
    address listed above at the time of the application, the site has
    been updated since then to show Funding Year 5 standards. *See id.*
    A copy of the Funding Year 4 standards is included in the record
    before us.

[^15]: Letter from Penny Lay and Dennis Meins, Dermott Special School
    District, to Federal Communications Commission, filed August 17,
    2001 (Dermott Waiver Request).

[^16]: *Id.*

[^17]: *Id.*

[^18]: FCC Form 471, Dermott Special School District, filed January 19,
    2001 (envelope with postmark date of January 19, 2001).

[^19]: *See* *Danbury*, *supra* note 13.

[^20]: Letter from Ron Jacobson, Hoven School District No. 53-2, to
    Federal Communications Commission, filed August 24, 2001 (Hoven
    Waiver Request).

[^21]: FCC Form 470, Hoven School District, posted January 5, 2001.

[^22]: *Id*; SLD website, Form 471 Filing Window for Year 4 (September
    18, 2000)
    \<[http://www.sl.universalservice.org/whatsnew/092000.asp#091800]{.underline}\>.

[^23]: FCC Form 471, Hoven School District, filed February 10, 2001
    (envelope with postmark date of February 10, 2001). *See also* Hoven
    Waiver Request.

[^24]: *Id*.

[^25]: *See* *Danbury* and *St. Mary's*, *supra* note 13.

[^26]: Letter from Dennis Fabiszak, Mastics-Moriches-Shirley Community
    Library, to Federal Communications Commission, filed August 16, 2001
    (MMS Waiver Request).

[^27]: *See* FCC Form 470, Mastics-Moriches-Shirley Community Library,
    posted February 15, 2001; FCC Form 471, Mastics-Moriches-Shirley
    Community Library, filed April 24, 2001.

[^28]: MMS Waiver Request.

[^29]: *Id.*

[^30]: *See* 47 C.F.R. §§ 54.507(d),(e).

[^31]: *See* *Danbury* and *St. Mary's*, *supra* note 13.

[^32]: Letter from Dennis Campbell, Mounds Public Schools, to Federal
    Communications Commission, filed August 20, 2001 (Mounds Waiver
    Request).

[^33]: Mounds Waiver Request.

[^34]: FCC Form 470, Mounds Public School, posted October 25, 2000; FCC
    Form 471, Mounds Public School, Mounds, Oklahoma, filed February 15,
    2001.

[^35]: Mounds Waiver Request.

[^36]: *Id.*

[^37]: *Homer*, *supra* note 14, para. 4.

[^38]: Letter from Thomas P. Mohn, Reading-Muhlenberg Area
    Vocational-Technical School, to Federal Communications Commission,
    filed July 30, 2001 (RMAVTS Waiver Request).

[^39]: *Id.*

[^40]: *Id.*

[^41]: FCC Form 471, Reading-Muhlenberg Area Vocational-Technical
    School, filed March 16, 2001 (postmarked envelope).

[^42]: RMAVTS Waiver Request.

[^43]: *See* *New Orleans* and *St. Mary's*, *supra* note 13.

[^44]: Letter from Gregory P. Taylor, Versailles Exempted Village
    Schools, to Federal Communications Commission, filed August 6, 2001
    (Versailles Waiver Request).

[^45]: *Id.*

[^46]: *Id.*

[^47]: FCC Form 470, Versailles Exempted Village Schools, Versailles,
    Ohio, filed January 12, 2001 (postmarked envelope); FCC Form 471,
    Versailles Exempted Village Schools, Versailles, Ohio, filed
    February 20, 2001 (postmarked envelope with certification).

[^48]: Versailles Waiver Request.

[^49]: *See* *East Brunswick* and *New Orleans*, *supra* note 13.

[^50]: Letter from Tyler Dunphy, Westbrook School Department, to Federal
    Communications Commission, filed September 7, 2001 (Westbrook Waiver
    Request).

[^51]: FCC Form 471, Westbrook School Department, filed May 30, 2001.

[^52]: Westbrook Waiver Request.

[^53]: Letter from Tyler Dunphy, Westbrook School Department, to Schools
    and Libraries Division, Universal Service Administrative Company,
    filed August 2, 2001.

[^54]: *See* *St. Mary's*, *supra* note 13.

[^55]: Letter from Malcolm Cain, Wilcox County Schools, to Federal
    Communications Commission, filed August 13, 2001 (Wilcox Waiver
    Request).

[^56]: FCC Form 471, Wilcox County Schools, filed January 19
    (application SLD-252443 was electronically submitted on January 17,
    2001; the others at issue in this appeal were electronically
    submitted on January 18, 2001).

[^57]: *Id.* (United States Post Office Express Mail label dated January
    19, 2001).

[^58]: Wilcox Waiver Request.

[^59]: *Id.*

[^60]: *Id.* at 2.

[^61]: *See* *Danbury* and *St. Mary's*, *supra* note 13.