**DA 08-859**

**Released: April 14, 2008**

**COMMENT SOUGHT ON SEND TECHNOLOGIES, L.L.C./NEXUS SYSTEMS, INC.
PETITION FOR PARTIAL RECONSIDERATION OF THE WIRELINE COMPETITION
BUREAU'S *CALDWELL PARISH ORDER* DENYING JACKSON PARISH SCHOOL
DISTRICT'S REQUEST FOR REVIEW OF A DECISION OF THE UNIVERSAL SERVICE
ADMINISTRATIVE COMPANY**

**PLEADING CYCLE ESTABLISHED**

**CC Docket 02-6**

**Comment Date: May 14, 2008**

**Reply Comment Date: May 29, 2008**

On March 24, 2008, SEND Technologies, L.L.C./Nexus Systems, Inc. (SEND)
filed a petition for partial reconsideration of the Wireline Competition
Bureau's (Bureau) *Caldwell Parish Order*, which, among other things,
denied Jackson Parish School District's (Jackson) Request for Review of
a decision by the Universal Service Administrative Company (USAC)
denying it discounted services for Funding Years 2003 and 2004 under the
schools and libraries universal service support mechanism, also known as
the E-rate program.[^1] Specifically, SEND requests the Bureau to
conduct a complete review of the record for Funding Years 2003 and 2004
to determine whether Jackson complied with the Commission's competitive
bidding requirements in 2003 and 2004.[^2] SEND asserts that the
competitive process for Funding Year 2002 did not violate the
Commission's competitive bidding requirements.[^3] SEND thus requests
the Bureau to remand Jackson's underlying applications for Funding Years
2003 and 2004 to USAC for a complete review of the competitive bidding
processes that were undertaken for those funding years.[^4]

The Bureau seeks comment on SEND's petition. Interested parties may file
**comments on or before May 14, 2008** and **reply comments on or before
May 29, 2008**. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS) or by filing paper copies.[^5]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    Filers should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of [before]{.underline} entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: 202-488-5300 fax:
    202-488-5563; and

(2) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521,
    Washington, D.C. 20554; e-mail: <antoinette.stevens@fcc.gov>; and

(3) Karen Johnson, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W. Room 5-A333, Washington,
    D.C. 20554; e-mail: <karen.johnson@fcc.gov>.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: 202-488-5300, fax:
202-488-5563, or via e-mail [www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^6] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentation and not merely a listing of the subjects discussed. More
than a one or two sentence description of the views and arguments
presented generally is required.[^7] Other rules pertaining to oral and
written *ex parte* presentations in permit-but-disclose proceedings are
set forth in section 1.1206(b) of the Commission's rules.[^8]

For further information, please contact Regina Brown or Karen Johnson,
Telecommunications Access Policy Division, Wireline Competition Bureau
at 202-418-7400 or TTY (202) 418-0484.

\- FCC -

[^1]: *See Petition for Reconsideration, Requests for Review of
    Decisions of the Universal Service Administrative Company by
    Caldwell Parish,* et al., *Schools and Libraries Universal Support
    Mechanism*, *Schools and Libraries Universal Service Support
    Mechanism,* File Nos. SLD-289493, *et al*., CC Docket No. 02-6
    (filed Mar. 24, 2008) (SEND Petition); *Request for Review of
    Decisions of the Universal Service Administrator by Caldwell Parish
    School District*, *Columbia, LA*, *et al*., *Schools and Libraries
    Universal Service Support Mechanism,* File Nos. SLD-289493, *et
    al.,* CC Docket No. 02-6, Order, 23 FCC Rcd 2784 (Wireline Comp.
    Bur. Feb. 22, 2008) (*Caldwell Parish Order*).

[^2]: SEND Petition at 5-8.

[^3]: *Id*. at 9-12.

[^4]: *Id*. at 17-18.

[^5]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^6]: 47 C.F.R. §§ 1.1200 *et seq*.

[^7]: *See* 47 C.F.R. § 1.1206(b)(2).

[^8]: 47 C.F.R. § 1.1206(b).