**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Bishop Perry Middle School ) File Nos. SLD-487170, *et al*.

New Orleans, LA, *et al*. )

)

Schools and Libraries Universal Service ) CC Docket No. 02-6

Support Mechanism )

**order**

**Adopted: May 2, 2006 Released: May 19, 2006**

By the Commission: Commissioner Copps issuing a separate statement.

**I. INTRODUCTION**

1.  In this Order, we grant 196 appeals of decisions by the Universal
    Service Administrative Company (USAC) concerning the schools and
    libraries universal service support mechanism (also known as the
    E-rate program) denying funding due to certain clerical or
    ministerial errors in the application, *i.e.*, a failure to timely
    file an FCC Form 471, a failure to timely file a certification
    related to an FCC Form 470, or a failure to comply with minimum
    processing standards.[^1] As explained below, we find that special
    circumstances exist to justify a waiver of the Commission's rules,
    and, accordingly, we grant these appeals and remand the underlying
    applications associated with these appeals to USAC for further
    action consistent with this Order. To ensure that the underlying
    applications are resolved expeditiously, we direct USAC to complete
    its review of each application listed in the Appendices, and issue
    an award or a denial based on a complete review and analysis, no
    later than 60 days from release of this Order. In addition, we
    direct USAC to provide all future and pending applicants with a
    15-day opportunity to cure any ministerial or clerical errors on
    their FCC Form 470, FCC Form 471, or associated certifications. We
    also direct USAC to develop targeted outreach procedures designed to
    better inform applicants of application procedures.

2.  As we recently noted, many E-rate program beneficiaries,
    particularly small entities, contend that the application process is
    complicated, resulting in a significant number of applications for
    E-rate support being denied for ministerial, clerical or procedural
    errors.[^2] We find that the actions we take here to provide relief
    from these types of errors in the application process will promote
    the statutory requirements of section 254(h) of the Communications
    Act of 1934, as amended (the Act), by helping to ensure that
    eligible schools and libraries actually obtain access to discounted
    telecommunications and information services.[^3] In particular, we
    believe that by directing USAC to modify certain application
    processing procedures and granting a limited waiver of our
    application filing rules, we will provide for a more effective
    application processing system that will ensure eligible schools and
    libraries will be able to realize the intended benefits of the
    E-rate program as we consider additional steps to reform and improve
    the E-rate program.[^4] Requiring USAC to take these additional
    steps will not reduce or eliminate any application review procedures
    or lessen the program requirements that applicants must comply with
    to receive funding. Indeed, we retain our commitment to detecting
    and deterring potential instances of waste, fraud, and abuse by
    ensuring that USAC continues to scrutinize applications and takes
    steps to educate applicants in a manner that fosters program
    participation. We also emphasize that our actions taken in this
    Order should have minimal effect on the overall federal Universal
    Service Fund (USF or the Fund), because the monies needed to fund
    these appeals have already been collected and held in reserve.[^5]

**II. BACKGROUND**

3.  Under the E-rate program, eligible schools, libraries, and consortia
    that include eligible schools and libraries may apply for discounts
    for eligible telecommunications services, Internet access, and
    internal connections. The E-rate application process generally
    begins with a technology assessment and a technology plan.[^6] After
    developing the technology plan, the applicant must file the FCC Form
    470 (FCC Form 470) to request discounted services such as tariffed
    telecommunications services, month-to-month Internet access,
    cellular services, or paging services, and any services for which
    the applicant is seeking a new contract.[^7] The FCC Form 470 must
    be posted on USAC's schools and libraries division website for at
    least 28 days.[^8] The applicant must then comply with the
    Commission's competitive bidding requirements set forth in sections
    54.504 and 54.511(a) of the Commission's rules.[^9] The applicant
    then files the FCC Form 471 (FCC Form 471), after entering into
    agreements for eligible services.[^10] Section 54.507 of the
    Commission's rules states that fund discounts will be available on a
    first-come-first-served basis.[^11] Under the Commission's rules,
    USAC implements an initial filing period, or filing window, for the
    FCC Form 471 applications that treats all schools and libraries
    filings within that period as if their applications were
    simultaneously received.[^12]

4.  The Commission has vested in USAC the responsibility of
    administering the application process for the schools and libraries
    universal service support mechanism.[^13] Pursuant to this
    authority, USAC has established procedures, including "minimum
    processing standards," to facilitate its efficient review of the
    thousands of applications requesting funding that it receives.[^14]
    These minimum processing standards are designed to require an
    applicant to provide at least the minimum data necessary for USAC to
    initiate review of the application under statutory requirements and
    Commission rules. When an applicant submits an FCC Form 470 or FCC
    Form 471 application that omits information required by the minimum
    processing standards, USAC automatically returns the application to
    the applicant without considering it for discounts under the
    program, without inquiring into the cause of the omission or without
    providing the applicant with the opportunity to cure the error.[^15]
    For example, if an applicant failed to answer all blocks 1-6 on the
    FCC Form 471 or failed to submit a properly signed signature
    certification, the applicant's FCC Form 471 would be rejected and
    returned to the applicant, without further consideration.[^16]

5.  The Commission has under consideration various appeals filed by
    parties that have requested funding for discounted services under
    the schools and libraries universal service support mechanism.[^17]
    The petitioners request review of decisions, or waivers related to
    such decisions, issued by the Commission, the Wireline Competition
    Bureau, or USAC.[^18] The decisions at issue involve the denial of
    funding based on an applicant's failure to timely file an FCC Form
    471, a failure to timely file certifications related to an FCC Form
    470, or a failure to comply with minimum processing standards.[^19]

6.  The Commission may waive any provision of its rules on its own
    motion and for good cause shown.[^20] A rule may be waived where the
    particular facts make strict compliance inconsistent with the public
    interest.[^21] In addition, the Commission may take into account
    considerations of hardship, equity, or more effective implementation
    of overall policy on an individual basis.[^22] In sum, waiver is
    appropriate if special circumstances warrant a deviation from the
    general rule, and such deviation would better serve the public
    interest than strict adherence to the general rule.[^23]

**III. DISCUSSION**

7.  In this item, we consider 196 appeals of decisions denying requests
    for funding from the schools and libraries universal service support
    mechanism based on an applicant's failure to timely file an FCC Form
    471, a failure to timely file the certifications related to an FCC
    Form 470, or a failure to comply with minimum processing standards.
    We consider these three groups of applicants separately below.

8.  Generally, the petitioners argue that immaterial clerical,
    ministerial or procedural errors resulted in rejection of their
    requests. Some also dispute that an error was made at all. For the
    reasons discussed below, we waive the relevant Commission rules, and
    grant all pending appeals pertaining to decisions denying funding
    due to a failure to comply with minimum processing standards, a
    failure to timely file an FCC Form 471, or a failure to timely file
    certifications related to an FCC Form 470, and remand the underlying
    applications associated with these appeals to USAC for further
    action consistent with this Order. In remanding these applications
    to USAC, we make no finding as to the ultimate eligibility of the
    requested services.

9.  In many instances here we depart from prior Commission
    precedent.[^24] For the reasons described below, however, we find
    that the departure is warranted and in the public interest. Although
    we base our decision to grant these requests in part on the fact
    that many of the rules at issue here are procedural, such a decision
    is in the context of the purposes of section 254 and cannot be
    applied generally to other Commission rules that are procedural in
    nature. Specifically, section 254 directs the Commission to "enhance
    . . . access to advanced telecommunications and information services
    for all public and non-profit elementary and secondary school
    classrooms, health care providers and libraries."[^25] Because
    applicants who are eligible for funding will now receive the
    opportunity for that funding where previously it was denied for
    minor errors, we believe granting waivers of these rules in these
    instances, particularly in light of the limited 15-day correction
    period we impose, will better ensure that universal service support
    is distributed first to the applicants who are determined by our
    rules to be most in need, and thus, further the goals of
    section 254. We caution, however, that even in the context of the
    schools and libraries program, the waivers here should not be read
    to mean that applicants will not be required in the future to comply
    fully with our procedural rules, which are vital to the efficient
    operation of the E-rate program. To ensure these issues are resolved
    expeditiously, we direct USAC to complete its review of the
    applications listed in the Appendices and issue an award or a denial
    based on a complete review and analysis no later than 60 days from
    release of this Order.

10. *[Applications Denied for Failing to Meet the Minimum Processing
    Standards]{.underline}.* Sixty-three applicants were denied funding
    for failing to meet USAC's minimum processing standards.[^26] Some
    of these appeals involved clerical errors on the part of petitioners
    who inadvertently left portions of the FCC Form 470 or FCC Form 471
    blank or made minor errors while completing the form.[^27] Some
    petitioners experienced technical problems, either with their own
    equipment or while interfacing with USAC's electronic filing
    mechanism, and failed to properly file electronically.[^28] Other
    petitioners used outdated USAC forms.[^29] Some other petitioners
    claim that the rules and instructions for filing an FCC Form 470 or
    FCC Form 471 are vague and unclear and that the resulting
    misunderstandings led to minor mistakes on their applications.[^30]
    Finally, others maintain that they did not violate the minimum
    processing standards at all.[^31]

11. Based on the facts and circumstances of these specific cases, we
    find that good cause exists to waive the minimum processing
    standards established by USAC. Minimum processing standards are
    necessary to ensure the efficient review of the thousands of
    applications requesting funding that USAC receives. In these
    circumstances, applicants committed minor errors in filling out
    their application forms. For example, among other problems,
    applicants inadvertently forgot to fill in a box, had computer
    problems, used an outdated form that requests primarily the same
    information as the current one, or misread the instructions. We do
    not believe that such minor mistakes warrant the complete rejection
    of each of these applicants' E-rate applications, especially given
    the requirements of the program and the thousands of applications
    filed each year.[^32] Importantly, applicants' errors could not have
    resulted in an advantage for them in the processing of their
    application. That is, the applicants' mistakes, if not caught by
    USAC, could not have resulted in the applicant receiving more
    funding than it was entitled to. In addition, at this time, there is
    no evidence of waste, fraud or abuse, misuse of funds, or a failure
    to adhere to core program requirements. Furthermore, we find that
    the denial of funding requests inflicts undue hardship on the
    applicants. In these cases, we find that the applicants have
    demonstrated that rigid compliance with the application procedures
    does not further the purposes of section 254(h) or serve the public
    interest.[^33] We therefore grant these appeals and remand them to
    USAC for further processing consistent with this Order.

12. *[Applications Denied for Filing Outside the FCC Form 471 Filing
    Window]{.underline}.* We also have before us for consideration 103
    appeals of USAC decisions that denied funding for applications that
    were filed outside of the FCC Form 471 filing window.[^34] Some
    petitioners maintain that they submitted the relevant information on
    time.[^35] Given that it is difficult to determine in these cases
    whether the error was the fault of the applicant, USAC or a third
    party, we give the applicants the benefit of the doubt. We find that
    a slight delay in USAC's receipt of the applications in each of
    these cases does not warrant the complete rejection of each of these
    applicants' E-rate applications. Therefore, we find that good cause
    exists to waive section 54.507 of the rules for these
    applications.[^36]

13. The rest of the petitioners assert a waiver is appropriate for one
    of two reasons: either someone on the applicants' staff made a
    mistake or had a family emergency that prevented them from filing on
    time or the delay in the filing or receipt of the application was
    due to circumstances out of the applicants' control. Specifically,
    in the first group, some of these appeals involve applicants whose
    staff members inadvertently failed to file the application forms in
    a timely manner.[^37] Another group of petitioners state that they
    were unable to comply with the filing deadline due to staff illness
    or relatives of staff members who were ill.[^38] Other petitioners
    claim that the rules and instructions for filing an FCC Form 471 are
    vague and unclear and that the resulting misunderstandings led to
    forms being filed after the filing window.[^39]

14. Based on the facts and circumstances of these specific cases, we
    find that good cause exists to waive the deadline for filing the FCC
    Form 471 found in section 54.507 of the Commission's rules.[^40]
    Under Bureau precedent deadlines have been strictly enforced for the
    E-rate program,[^41] including those pertaining to the FCC Form 471.
    We nevertheless find that good cause exists to waive the deadline in
    these cases. Generally, these applicants claim that staff mistakes
    or confusion resulted in the late filing of their FCC Form 471s. We
    note that the primary jobs of most of the people filling out these
    forms include school administrators, technology coordinators and
    teachers, as opposed to positions dedicated to pursuing federal
    grants, especially in small school districts. Even when a school
    official has learned how to correctly navigate the application
    process, unexpected illnesses or other family emergencies can result
    in the only official who knows the process being unavailable to
    complete the application on time. Given that the violation at issue
    is procedural, not substantive, we find that the complete rejection
    of each of these applications is not warranted. Notably, at this
    time, there is no evidence of waste, fraud or abuse, misuse of
    funds, or a failure to adhere to core program requirements.
    Furthermore, we find that denial of funding in these cases would
    inflict undue hardship on the applicants. In these cases, the
    applicants have demonstrated that rigid compliance with USAC's
    application procedures does not further the purposes of section
    254(h) or serve the public interest.[^42] We therefore grant these
    appeals and remand them to USAC for further processing consistent
    with this Order.

15. The second group of petitioners failed to file an FCC Form 471 in a
    timely manner due to circumstances beyond their control, such as
    school reorganizations or inclement weather.[^43] Some petitioners
    state that technical problems, either with their own equipment or
    while interfacing with USAC's electronic filing mechanism, prevented
    the FCC Form 471s from being timely filed.[^44] Other petitioners
    claim that they attempted to mail their FCC Form 471s on time but
    that problems with a third-party carrier prevented the application
    from arriving in a timely manner.[^45]

16. Based on the facts and circumstances of these specific cases, we
    find that good cause exists to waive the deadline for filing the FCC
    Form 471 found in section 54.507(c) of the Commission's rules.[^46]
    Under Bureau precedent, deadlines have been strictly enforced for
    the E-rate program,[^47] including those pertaining to the FCC
    Form 471. We nevertheless find that good cause exists to waive the
    deadline in these cases. Generally, these applicants claim that
    problems with third parties or circumstances outside their control
    resulted in the late filing of their FCC Form 471s. We find that,
    given that the violation at issue is procedural, not substantive, a
    complete rejection of each of these applications is not warranted,
    especially given that the error in these cases is not the fault of
    the applicants. Notably, at this time, there is no evidence of
    waste, fraud or abuse, misuse of funds or a failure to adhere to
    core program requirements. Furthermore, we find that denial of
    funding in these cases would inflict undue hardship on the
    applicants. In these cases, the applicants have demonstrated that
    rigid compliance with USAC's application procedures does not further
    the purposes of section 254(h) or serve the public interest.[^48] We
    therefore grant these appeals and remand them to USAC for further
    processing consistent with this Order.

17. *[Applications Denied for Failing to Certify FCC Form
    470]{.underline}.* We also have before us for consideration 29
    appeals of USAC decisions that denied funding for applications
    because their FCC Forms 470 were not certified or not certified
    before the close of the filing window.[^49] Some of these appeals
    involve applicants whose staff members inadvertently failed to file
    the certification before the filing window closed.[^50] Some
    petitioners state that technical problems, either with their own
    equipment or while interfacing with USAC's electronic filing
    mechanism, prevented the FCC Forms 470 from being certified.[^51]
    Other petitioners claim that they attempted to mail their FCC Form
    470s certifications but that the FCC Form 470 was either lost by a
    third-party carrier or USAC.[^52] Still other petitioners maintain
    that they complied with program rules.[^53]

18. Based on the facts and circumstances of these specific cases, we
    find that good cause exists to waive the requirement that the
    certification be filed with FCC Form 470 for these applicants. Our
    rules require that applicants certify that certain eligibility and
    program requirements are met.[^54] Specifically, the certifications
    include attestations that applicants have a current technology plan,
    if applicable; that they will conduct the competitive bidding
    process in accordance with Commission rules; that the applicant is
    an eligible school or library or consortium; that the funding will
    be used for educational purposes; that the applicant has not
    received anything of value from the service provider, other than the
    requested services, in connection with the request for services;
    that applicants have the necessary resources to use the services
    purchased effectively; that the signatory has the authority to
    submit the request on behalf of the applicant; that the applicant
    has complied with applicable federal, state and local procurement
    laws and that violations of the rules may result in suspension or
    debarment from the program.[^55] These certifications on the FCC
    Form 470 are important to maintain the integrity of the E-rate
    program and are necessary to ensure that only eligible entities
    receive support under the program.

19. We find, however, that a missing certification does not constitute a
    substantive violation, but a procedural one. We emphasize that these
    applicants still must file the certifications, even though they are
    late, for their applications to be processed by USAC. The question
    here is one of timing. USAC denied these applications not because
    the applicants refused to sign the certification, but because it was
    not received by USAC by the filing deadline, which meant that the
    applications were incomplete. Many of the applicants thought they
    had complied with the requirements, but due to computer error or
    other third-party errors, the certifications did not reach USAC.

20. While the Bureau has enforced existing filing deadlines for the
    E-rate program,[^56] we find that good cause exists to waive the
    procedural deadline in these cases. We find that given that the
    violation at issue is procedural, not substantive, we find that a
    complete rejection of each of these applications is not warranted,
    especially given that the error in these cases is not the fault of
    the applicants. Notably, at this time, there is no evidence of
    waste, fraud or abuse, misuse of funds or a failure to adhere to
    core program requirements revealed by the record in these matters.
    Furthermore, we find that denial of funding in these cases would
    inflict undue hardship on the applicants. In these cases, the
    applicants have demonstrated that rigid compliance with USAC's
    application procedures does not further the purposes of section
    254(h) or serve the public interest.[^57] We therefore grant these
    appeals and remand them to USAC for further processing consistent
    with this Order.

21. *[North Dakota Petition for Reconsideration]{.underline}.* As part
    of this decision, we also grant a Petition for Reconsideration of an
    Order filed by the Information Technology Department of the State of
    North Dakota.[^58] North Dakota mailed its FCC Form 471
    certification after the deadline, but asserts that it did not
    understand when it needed to mail the certification after filing the
    application electronically.[^59] In *North Dakota*, the Commission
    rejected North Dakota's arguments that a waiver of its filing
    requirements was warranted because of, *inter alia*, the complex
    nature of the application process and the detrimental effect the
    denial would have on the public schools and libraries in North
    Dakota.[^60] The Commission stated that "the size and complexity of
    the application" did not establish good cause to waive the
    Commission's rules, and reiterated that all applicants are subject
    to the same filing rules, which are necessary for the program to be
    administered in an efficient and equitable basis.[^61]

22. On reconsideration, we find that good cause exists to waive the
    deadline for filing the FCC Form 471. We now believe that,
    consistent with our reasoning above, a procedural violation should
    not have resulted in the rejection in North Dakota's entire
    application. Contrary to our earlier ruling, we note that our waiver
    standard allows us to consider hardship when analyzing whether
    particular facts meet the standard. We find here that denial of
    funding in this case would inflict undue hardship on the applicant.
    Notably, at this time, there is no evidence of waste, fraud or
    abuse, misuse of funds or a failure to adhere to core program
    requirements. Furthermore, we find that in this case, the applicant
    has demonstrated that rigid compliance with USAC's application
    procedures does not further the purposes of section 254(h) or serve
    the public interest.[^62] For these reasons, we find that a waiver
    of our filing requirements is warranted, and we grant the Petition
    for Reconsideration filed by the Information Technology Department
    of the State of North Dakota.

23. *[Additional Processing Directives for USAC]{.underline}.* As of the
    effective date of this Order, we require USAC to provide all E-rate
    applicants with an opportunity to cure ministerial and clerical
    errors on their FCC Form 470 or FCC Form 471, and an additional
    opportunity to file the required certifications. Specifically, USAC
    shall inform applicants promptly in writing of any and all
    ministerial or clerical errors that are detected in their
    applications, along with a clear and specific explanation of how the
    applicant can remedy those errors. USAC shall also inform
    applications promptly in writing of any missing or incomplete
    certifications. Applicants shall have 15 calendar days from the date
    of receipt of notice in writing by USAC to amend or refile their FCC
    Form 470, FCC Form 471 or associated certifications.[^63] USAC shall
    apply this directive to all pending applications and appeals even if
    such applications or appeals are no longer within the filing window.
    The 15-day period is limited enough to ensure that funding decisions
    are not unreasonably delayed for E-rate applicants and should be
    sufficient time to correct truly unintentional ministerial and
    clerical errors.[^64] The opportunity for applicants to amend their
    filings to cure minor errors will also improve the efficiency and
    effectiveness of the Fund. Because applicants who are eligible for
    funding will now receive funding where previously it was denied for
    minor errors, we will ensure that funding is distributed first to
    the applicants who are determined by our rules to be most in need of
    funding. As a result, universal service support will be received by
    schools in which it will have the greatest impact for the most
    students. Furthermore, the opportunity to amend the application will
    improve the efficiency of the schools and libraries program. If USAC
    helps applicants file correct and complete applications initially,
    USAC should be able to reduce the money it spends on administering
    the fund because fewer appeals will be filed protesting the denial
    of funding for these types of issues. Therefore, we believe this
    additional opportunity to cure inadvertent administrative,
    ministerial, and clerical errors on applications will improve the
    administration of fund.

24. To complement this effort, USAC shall also develop a more targeted
    outreach program and educational efforts to inform and enlighten
    applicants on the various application requirements, including the
    application and certification deadlines, in an attempt to reduce
    these types of errors. We expect that the additional outreach and
    educational efforts will better assist E-rate applicants in meeting
    the program's requirements. Similarly, USAC shall develop a targeted
    outreach program designed to identify schools and libraries that
    have timely posted an FCC Form 470 on USAC's website but have failed
    to file the associated FCC Form 470 certification. USAC should also
    notify applicants that have filed an FCC Form 470, but have failed
    to file an FCC Form 471 or its certification by the close of the
    filing window. We believe such an outreach program will increase
    awareness of the filing rules and procedures and will assist
    applicants in filing complete and correct application. As we noted
    above, we believe that these changes will improve the overall
    efficacy of the program.

25. In addition, we note that, in the *Comprehensive Review NPRM*, we
    started a proceeding to address the concerns raised herein by, among
    other things, improving the application and disbursement process for
    the schools and libraries support mechanism.[^65] Although we expect
    that the additional direction we have provided in this Order will
    help ensure that eligible schools and libraries can more effectively
    navigate the application procedures, this action does not obviate
    the need to take steps to reform and improve the program based on
    the record in the *Comprehensive Review* proceeding.

26. We emphasize the limited nature of this decision. As stated above,
    we recognize that filing deadlines and minimum processing standards
    are necessary for the efficient administration of the E-rate
    program. Although we grant the 196 subject appeals before us, our
    action here does not eliminate the minimum processing standards, or
    the deadlines for filing the FCC Form 470 and FCC Form 471, or
    certifications to the FCC Form 470 or 471. We continue to require
    E-rate applicants to submit complete and accurate information to
    USAC as part of the application review process. The direction we
    provide USAC will not lessen or preclude any application review
    procedures of USAC. All existing E-rate program rules and
    requirements will continue to apply, including USAC's minimum
    processing standards, the existing forms and documentation with the
    associated certifications, USAC's Program Integrity Assurance review
    procedures, and other processes designed to ensure applicants meet
    the applicable program requirements.

27. Finally, we are committed to guarding against waste, fraud, and
    abuse, and ensuring that funds disbursed through the E-rate program
    are used for appropriate purposes. Although we grant the appeals
    addressed here, we reserve the right to conduct audits and
    investigations to determine compliance with the E-rate program rules
    and requirements. Because audits and investigations may provide
    information showing that a beneficiary or service provider failed to
    comply with the statute or Commission rules, such proceedings can
    reveal instances in which universal service funds were improperly
    disbursed or in a manner inconsistent with the statute or the
    Commission's rules. To the extent we find that funds were not used
    properly, we will require USAC to recover such funds through its
    normal processes. We emphasize that we retain the discretion to
    evaluate the uses of monies disbursed through the E-rate program and
    to determine on a case-by-case basis that waste, fraud, or abuse of
    program funds occurred and that recovery is warranted. We remain
    committed to ensuring the integrity of the program and will continue
    to aggressively pursue instances of waste, fraud, or abuse under our
    own procedures and in cooperation with law enforcement agencies.

**IV. ORDERING CLAUSES**

28. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained
    in sections 1-4 and 254 of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 151-154 and 254, and sections 1.3, and
    54.722(a) of the Commission's rules, 47 C.F.R. §§ 1.3 and 54.722(a),
    that the Requests for Review and Requests for Waiver of 47 C.F.R. §§
    54.507(c) and 54.504(b) filed by the petitioners as listed in
    Appendices A-C ARE GRANTED.

29. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4 and 254 of the Communications Act of 1934, as amended,
    47 U.S.C. §§ 151-154 and 254, and sections 1.3, and 54.722(a) of the
    Commission's rules, 47 C.F.R. §§ 1.3 and 54.722(a), that the
    Requests for Review and/or Requests for Waiver filed by the
    petitioners as listed in Appendices A-C ARE REMANDED to USAC for
    further consideration in accordance with the terms of this Order.

30. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4 and 254 of the Communications Act of 1934, as amended,
    47 U.S.C. §§ 151-154 and 254, and sections 1.3, and 54.722(a) of the
    Commission's rules, 47 C.F.R. §§ 1.3 and 54.722(a), that the
    Petition for Reconsideration filed by the Information Technology
    Department of the State of North Dakota IS GRANTED and IS REMANDED
    to USAC for further consideration in accordance with the terms of
    this Order.

31. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4 and 254 of the Communications Act of 1934, as amended,
    47 U.S.C. §§ 151-154 and 254, USAC SHALL COMPLETE its review of each
    remanded application listed in the Appendices and issue an award or
    a denial based on a complete review and analysis no later than 60
    days from release of this Order.

32. IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE upon
    release.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

**Form 470 Certification Filing Violations**

**Requests for Review and Waivers**

+-----------------------------+-----------------+------+--------------+
| **Applicant**               | **Application   | **F  | **Type of    |
|                             | Number**        | undi | Appeal**     |
|                             |                 | ng** |              |
|                             |                 |      |              |
|                             |                 | **Ye |              |
|                             |                 | ar** |              |
+-----------------------------+-----------------+------+--------------+
| Bishop Perry Middle School  | 487170          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| New Orleans, LA             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Canby School District 891   | 414927, 401098, | 2004 | Request for  |
|                             | 412330          |      | Review       |
| Canby, MN                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Candler County Board of     | 314603          | 2002 | Request for  |
| Education                   |                 |      | Review       |
|                             |                 |      |              |
| Metter, GA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Cassopolis Public School    | 256502          | 2001 | Request for  |
|                             |                 |      | Review and   |
| Cassopolis, MI              |                 |      | Waiver       |
+-----------------------------+-----------------+------+--------------+
| Construction Careers Center | 358508          | 2003 | Request for  |
|                             |                 |      | Review       |
| St. Louis, MO               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Cook County School District | 357892          | 2003 | Request for  |
| 130                         |                 |      | Review       |
|                             |                 |      |              |
| Blue Island, IL             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Creighton Community Public  | 356062          | 2003 | Request for  |
| Schools                     |                 |      | Waiver       |
|                             |                 |      |              |
| Creighton, NE               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Dunmore School District     | 391672          | 2004 | Request for  |
|                             |                 |      | Review       |
| Dunmore, PA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Fluvanna County School      | 360642          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Palmyra, VA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Fort Atkinson School        | 366145, 366454, | 2003 | Request for  |
| District                    | 366439, 366372  |      | Review.      |
|                             |                 |      |              |
| Fort Atkinson, WI           |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Gladwin County Library      | 219040          | 2001 | Request for  |
|                             |                 |      | Review       |
| Gladwin, MI                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Goose Creek Consolidated    | 320463          | 2002 | Request for  |
|                             |                 |      | Review       |
| Independent School District |                 |      |              |
|                             |                 |      |              |
| Baytown, TX                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Hart County School System   | 395563          | 2004 | Request for  |
|                             |                 |      | Review       |
| Hartwell, GA                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Interstate 35 Community     | 479137          | 2005 | Request for  |
| School District             |                 |      | Waiver       |
|                             |                 |      |              |
| Truro, IA                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Lydia Bruun Woods           | 403265          | 2004 | Request for  |
|                             |                 |      | Review       |
| Memorial Library            |                 |      |              |
|                             |                 |      |              |
| Falls City, NE              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mabton School District 120  | 461518, 461467, | 2005 | Request for  |
|                             | 461451          |      | Review       |
| Mabton, WA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Morley-Stanwood Community   | 378662          | 2003 | Request for  |
| School District             |                 |      | Review.      |
|                             |                 |      |              |
| Morley, TX                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| New York State Office of    | 376340          | 2003 | Request for  |
| Children & Family Services  |                 |      | Review       |
|                             |                 |      |              |
| Rensselaer, NY              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Northwestern Local School   | 412995          | 2004 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| West Salem, OH              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Proctor Public Schools      | 235170          | 2001 | Request for  |
|                             |                 |      | Review       |
| Proctor, MN                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Sibley East Independent     | 297751          | 2003 | Request for  |
| School District #2310       |                 |      | Review       |
|                             |                 |      |              |
| Arlington, MN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Tamaroa Public School       | 340729          | 2003 | Request for  |
| District #5                 |                 |      | Review       |
|                             |                 |      |              |
| Tamaroa, IL                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Temple Terrace Public       | 449438          | 2005 | Request for  |
| Library                     |                 |      | Review       |
|                             |                 |      |              |
| Temple Terrance, FL         |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Tewksbury Public Schools    | 308197          | 2002 | Request for  |
|                             |                 |      | Review       |
| Tewksbury, MA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Unified School District 443 | 403217          | 2004 | Request for  |
| Information Technologies    |                 |      | Review       |
| Services                    |                 |      |              |
|                             |                 |      |              |
| Dodge City, KS              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Welch Independent School    | 349714          | 2003 | Request for  |
| District 17                 |                 |      | Review       |
|                             |                 |      |              |
| Welch, OK                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Weld County School District | 421281, 421385, | 2004 | Request for  |
| Re-3(J)                     | 421459, 422351, |      | Review       |
|                             | 422888, 423983, |      |              |
| Keenesburg, CO              | 425168, 425369, |      |              |
|                             | 425597, 426534, |      |              |
|                             | 426996, 427565, |      |              |
|                             | 428856, 428987, |      |              |
|                             | 429298, 429353, |      |              |
|                             | 429469, 429523, |      |              |
|                             | 429771, 430370, |      |              |
|                             | 430435, 430531, |      |              |
|                             | 430671, 431114, |      |              |
|                             | 429771, 432087, |      |              |
|                             | 432271, 432519, |      |              |
|                             | 432845, 433034  |      |              |
+-----------------------------+-----------------+------+--------------+
| Weld County School District | 402863          | 2004 | Request for  |
| Six                         |                 |      | Review.      |
|                             |                 |      |              |
| Greeley, CO                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Yeshiva Ktana of Passaic    | 259799          | 2001 | Request for  |
|                             |                 |      | Review       |
| Passaic, NJ                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+

**APPENDIX B**

**Form 471 Filed Outside of Filing Window**

+-----------------------------+-----------------+------+--------------+
| **Applicant**               | **Application   | **F  | **Type of    |
|                             | Number**        | undi | Appeal**     |
|                             |                 | ng** |              |
|                             |                 |      |              |
|                             |                 | **Ye |              |
|                             |                 | ar** |              |
+-----------------------------+-----------------+------+--------------+
| A.C.E. Charter High School  | 487210, 487191  | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Tucson, AZ                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| American School for the     | 473646          | 2005 | Request for  |
| Deaf                        |                 |      | Review       |
|                             |                 |      |              |
| Hartford, CT                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Assabet Valley Regional     | 491686          | 2005 | Request for  |
| Vocational                  |                 |      | Waiver       |
|                             |                 |      |              |
| School District             |                 |      |              |
|                             |                 |      |              |
| Marlborough, MA             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Associated Marine           | 482146, 474721, | 2005 | Request for  |
| Institutes, Inc.            | 476843, 480311, |      | Waiver       |
|                             | 480629, 480704, |      |              |
| Tampa, FL                   | 480839, 480974, |      |              |
|                             | 481068, 478721, |      |              |
|                             | 479527, 481139, |      |              |
|                             | 479447, 478855, |      |              |
|                             | 478807, 479065, |      |              |
|                             | 480958, 475981, |      |              |
|                             | 481275, 479475, |      |              |
|                             | 479808, 480767, |      |              |
|                             | 480119, 474565, |      |              |
|                             | 475800, 480552, |      |              |
|                             | 476450, 474803, |      |              |
|                             | 475320, 475366, |      |              |
|                             | 475462, 475714, |      |              |
|                             | 480017, 474863, |      |              |
|                             | 475160, 479642, |      |              |
|                             | 481199, 476646, |      |              |
|                             | 472798, 475270, |      |              |
|                             | 480246, 476050, |      |              |
|                             | 481303, 474970, |      |              |
|                             | 479744, 480432, |      |              |
|                             | 474296, 471758, |      |              |
|                             | 474316, 474338, |      |              |
|                             | 474309, 474304  |      |              |
+-----------------------------+-----------------+------+--------------+
| Augusta County Library      | 435101          | 2004 | Request for  |
|                             |                 |      | Waiver       |
| Fishersville, VA            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Barnwell County School      | 484610          | 2005 | Request for  |
| District 45                 |                 |      | Review       |
|                             |                 |      |              |
| Barnwell, SC                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Bath County School District | 392300          | 2004 | Request for  |
|                             |                 |      | Review       |
| Owingsville, KY             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Beavertown Community        | 488228          | 2005 | Request for  |
| Library                     |                 |      | Waiver       |
|                             |                 |      |              |
| Beavertown, PA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Blackwell Public Schools    | 467916          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Blackwell, OK               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Blackwell Public Schools    | 467924          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Blackwell, OK               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Bonnie Brae Educational     | 486975          | 2005 | Request for  |
| Center                      |                 |      | Review       |
|                             |                 |      |              |
| School                      |                 |      |              |
|                             |                 |      |              |
| Liberty Corner, NJ          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Brooklyn Jesuit Prep        | 480763, 481479  | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Brooklyn, NY                |                 |      |              |
|                             |                 |      |              |
| []{.mark}                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Brown County School         | 423655          | 2004 | Request for  |
| Corporation                 |                 |      | Review       |
|                             |                 |      |              |
| Nashville, IN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Caruthers Unified School    | 229344          | 2001 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Caruthers, CA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Cecil County Public Schools | 465857          | 2005 | Request for  |
|                             |                 |      | Review       |
| Elkton, MD                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Centerville School District | 342315          | 2003 | Request for  |
| 60-1                        |                 |      | Review       |
|                             |                 |      |              |
| Centerville, SD             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Central Catholic High       | 393964          | 2004 | Request for  |
| School                      |                 |      | Review       |
|                             |                 |      |              |
| Toledo, OH                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Clearwater Memorial Library | 361785          | 2003 | Request for  |
|                             |                 |      | Review       |
| Orofino, ID                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Clinton County Board of     | 367905          | 2003 | Request for  |
| Education                   |                 |      | Waiver       |
|                             |                 |      |              |
| Albany, KY                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Clinton Public Schools      | 475637          | 2005 | Request for  |
|                             |                 |      | Review       |
| Clinton, AR                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Coahoma County Public       | 477513          | 2005 | Request for  |
| Schools                     |                 |      | Review       |
|                             |                 |      |              |
| Clarksdale, MS              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Colleton County School      | 455022          | 2005 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Walterboro, SC              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Colonial Intermediate Unit  | 444367          | 2005 | Request for  |
| 20                          |                 |      | Appeal       |
|                             |                 |      |              |
| Easton, PA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Consorcio de Escuelas y     | 124 individual  | 2001 | Request for  |
| Bibliotecas                 | applicants---   |      | Review       |
|                             |                 |      |              |
| de Puerto Rico              | see below       |      |              |
|                             |                 |      |              |
| San Juan, PR                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| CPC Behavioral Healthcare   | 432289          | 2004 | Request for  |
|                             |                 |      | Request for  |
| Neptune, NJ                 |                 |      | Waiver       |
+-----------------------------+-----------------+------+--------------+
| Delta County School         | 420245          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             | 424408          |      |              |
| Delta, CO                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Derby Public Schools        | 485648          | 2005 | Request for  |
|                             |                 |      | Review       |
| Derby, CT                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Design and Engineering      | 477250,         | 2005 | Request for  |
| Services                    |                 |      | Waiver       |
|                             | 486357,         |      |              |
| The Navajo Nation           |                 |      |              |
|                             | 483251          |      |              |
| Window Rock, AZ             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Fairfax School District R3  | 456149          | 2005 | Request for  |
|                             |                 |      | Review       |
| Fairfax, MO                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Ferndale Area School        | 368645          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Johnstown, PA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Garvey School District      | 492144, 492103  | 2005 | Request for  |
|                             |                 |      | Review       |
| Rosemead, CA                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Gaston County School        | 487076          | 2005 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Gastonia, NC                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Germantown School District  | 488530          | 2005 | Request for  |
|                             |                 |      | Review       |
| Appleton, WI                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Hawaii State Public Library | 351332, 351403, | 2003 | Request for  |
|                             | 372750, 372786, |      | Waiver       |
| Honolulu, HI                | 372857, 372883, |      |              |
|                             | 372950, 372980, |      |              |
|                             | 373018, 373092, |      |              |
|                             | 373221, 373245, |      |              |
|                             | 373271, 373305, |      |              |
|                             | 373421, 373443, |      |              |
|                             | 373654, 373664, |      |              |
|                             | 373676, 373688, |      |              |
|                             | 373703, 373717, |      |              |
|                             | 373792, 373816, |      |              |
|                             | 375664, 375707, |      |              |
|                             | 376842, 377120  |      |              |
+-----------------------------+-----------------+------+--------------+
| Holmes District School      | 463914          | 2005 | Request for  |
| Board                       |                 |      | Waiver       |
|                             |                 |      |              |
| Bonifay, FL                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Howard County School        | 310851          | 2002 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Owings Mills, MD            |                 |      |              |
|                             |                 |      |              |
| (filed by E-Rate Elite      |                 |      |              |
| Services, Inc.)             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Hubbard Independent School  | 485763          | 2005 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Hubbard, TX                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Indian Oasis Baboquivari    | 435737          | 2004 | Request for  |
| District 40                 |                 |      | Waiver       |
|                             |                 |      |              |
| Sells, AZ                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Island Trees Public Library | 487206          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Island Trees, NY            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Jefferson City School       | 434189          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Jefferson, GA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Jefferson School District   | 489764          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Daly City, CA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Jemez Mountain School       | 480502          | 2005 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Gallina, NM                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Jemez Mountain School       | 481827          | 2005 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Gallina, NM                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Kent City Schools           | 231188          | 2001 | Request for  |
|                             |                 |      | Review       |
| Kent, OH                    |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Laporte School District 306 | 487654          | 2005 | Request for  |
|                             |                 |      | Review       |
| Laporte, MN                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Las Vegas City Schools      | 405536          | 2004 | Request for  |
|                             |                 |      | Waiver       |
| Las Vegas, NM               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Leggett Valley Unified      | 538735          | 2006 | Request for  |
| School District             |                 |      | Waiver       |
|                             |                 |      |              |
| Leggett, CA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Loogootee Community School  | 454754, 455222  | 2005 | Request for  |
| Corporation                 |                 |      | Review       |
|                             |                 |      |              |
| Loogootee, IN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Los Alamitos Unified School | 364589          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Los Alamitos, CA            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Madera Unified School       | 230938          | 2001 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Madera, CA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Maine School Administrative | 487135          | 2005 | Request for  |
| District #36                |                 |      | Review       |
|                             |                 |      |              |
| Livermore Falls, ME         |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Malone Independent School   | 458773          | 2005 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Malone, TX                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| McClure Community Library   | 488239          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| McClure, PA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mel Blount Youth Home       | 378809          | 2003 | Request for  |
|                             |                 |      | Review       |
| Vidalia, GA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Meriwether County School    | 488532, 488630, | 2005 | Request for  |
| System                      | 488634, 488637, |      | Review       |
|                             | 488639          |      |              |
| Greenville, GA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Middleburg Community        | 487961          | 2005 | Request for  |
| Library                     |                 |      | Waiver       |
|                             |                 |      |              |
| Middleburg, PA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Millennium Community School | 419137          | 2004 | Request for  |
|                             |                 |      | Waiver       |
| Columbus, OH                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Minnesota Transition School | > 383596        | 2003 | Request for  |
|                             |                 |      | Waiver       |
| Minneapolis, MN             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Minnewaska Area Schools     | FCC Form 470    | 2006 | Request for  |
|                             | Number          |      | Waiver       |
| Glenwood, MN                | 688010000570286 |      |              |
+-----------------------------+-----------------+------+--------------+
| Montfort & Allie B. Jones   | 398439          | 2004 | Request for  |
| Memorial Library            |                 |      | Review       |
|                             |                 |      |              |
| Bristow, OK                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mount Ayr Community School  | 487717          | 2005 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Mount Ayr, IA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mount Saint John School     | 458882          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Deep River, CT              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mt. Carroll Township Public | 358693          | 2003 | Request for  |
| Library                     |                 |      | Waiver       |
|                             |                 |      |              |
| Mt. Carroll, IL             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Nativity Mission School     | 480269          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| New York, NY                |                 |      |              |
|                             |                 |      |              |
| []{.mark}                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Nelson County Public        | 433422          | 2004 | Request for  |
| Schools                     |                 |      | Waiver       |
|                             |                 |      |              |
| Lovingson, VA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| North East Independent      | 472357, 472537, | 2005 | Request for  |
| School                      | 454936, 446694  |      | Review       |
|                             |                 |      |              |
| District                    |                 |      |              |
|                             |                 |      |              |
| San Antonio, TX             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| North Panola School         | 484781, 485017, | 2005 | Request for  |
| District                    | 482009, 483905  |      | Review       |
|                             |                 |      |              |
| Sardis, MS                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Northwest Institute for     | 470821          | 2005 | Request for  |
| Contemporary                |                 |      | Waiver       |
|                             |                 |      |              |
| Learning, Inc.              |                 |      |              |
|                             |                 |      |              |
| Chicago, IL                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Oglala Lakota Technology    | 435405          | 2004 | Request for  |
| Consortium                  |                 |      | Review       |
|                             |                 |      |              |
| Porcupine, SD               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Our Lady of Refuge          | 346749          | 2003 | Request for  |
|                             |                 |      | Review       |
| Brooklyn, NY                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Our Lady of The Lake School | FCC Form 470    | 2006 | Request for  |
|                             | Number          |      | Waiver       |
| Mandeville, LA              | 607530000583035 |      |              |
+-----------------------------+-----------------+------+--------------+
| Perrysburg Exempt Village   | 433571          | 2004 | Request for  |
| School District             |                 |      | Review and   |
|                             |                 |      | Waiver       |
| Perrysburg, OH              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Pierce City School District | 260567          | 2001 | Request for  |
| R6                          |                 |      | Waiver       |
|                             |                 |      |              |
| Pierce City, MI             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Pinon Dormitory             | 482087          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Pinon, AZ                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Queen of Apostles Catholic  | 486686          | 2005 | Request for  |
| School                      |                 |      | Waiver       |
|                             |                 |      |              |
| Alexandria, VA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Richmond Public Library     | 433700          | 2004 | Request for  |
|                             |                 |      | Waiver       |
| Richmond, VA                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Rylander Memorial Library   | 458867          | 2005 | Request for  |
|                             |                 |      | Review       |
| San Saba, TX                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Saint John Grammar School   | 384182          | 2003 | Request for  |
|                             |                 |      | Review       |
| Orange, NJ                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Selinsgrove Community       | 487907          | 2005 | Request for  |
| Library                     |                 |      | Waiver       |
|                             |                 |      |              |
| Selinsgrove, PA             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Southeast Delco School      | 421728, 421881  | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Folcroft, PA                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Southeastern Libraries      | 251453          | 2001 | Request for  |
| Cooperating                 |                 |      | Review       |
|                             |                 |      |              |
| Rochester, MN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Clement's Regional      | 386976          | 2004 | Request for  |
| Catholic                    |                 |      | Review       |
|                             |                 |      |              |
| School                      |                 |      |              |
|                             |                 |      |              |
| Saratoga Springs, NY        |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Elizabeth               | 409287          | 2004 | Request for  |
| Interparochial School       |                 |      | Review       |
|                             |                 |      |              |
| Wyckoff, NJ                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Francis of Assisi       | FCC Form 470    | 2006 | Request for  |
| School                      | Number          |      | Waiver       |
|                             | 450810000564257 |      |              |
| Brooklyn, NY                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Ignatius Academy        | 484436          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| New York, NY                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Mary\'s School          | 488671          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Leipsic, OH                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| SuperNet Consortium         | 460573          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Whitehouse, TX              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Tiverton School Department  | 487097          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Tiverton, RI                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Trinity Christian School    | 432746          | 2004 | Request for  |
|                             |                 |      | Review       |
| Fayetteville, NC            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Unadilla Community School   | 487072          | 2005 | Request for  |
|                             |                 |      | Waiver       |
| Unadilla, NE                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Wabash Valley Educational   | 485945          | 2005 | Request for  |
| Center                      |                 |      | Waiver       |
|                             |                 |      |              |
| West Lafayette, IN          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Wallington Public Schools   | 40909           | 2004 | Request for  |
|                             |                 |      | Waiver       |
| Wallington, NJ              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Walnut Community School     | 402680          | 2004 | Request for  |
| District                    |                 |      | Waiver       |
|                             |                 |      |              |
| Walnut, IA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Washington Local School     | 434128          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Toledo, OH                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Watson School District #56  | 394230, 398535  | 2004 | Request for  |
|                             |                 |      | Review       |
| Watson, OK                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Westside Holistic Family    | 470792          | 2005 | Request for  |
| Services                    |                 |      | Waiver       |
|                             |                 |      |              |
| Chicago, IL                 |                 |      |              |
|                             |                 |      |              |
| []{.mark}                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Whitfield County School     | 387068          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Dalton, GA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Wilkinson County School     | 415952, 416125, | 2004 | Request for  |
| District                    | 423714, 430873, |      | Waiver       |
|                             | 431049, 431202  |      |              |
| Irwinton, GA                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Wilson Memorial Library     | 386222          | 2003 | Request for  |
|                             |                 |      | Review       |
| Keota, IA                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+

**Form 471 Filed Outside of Filing Window**

**Petitions for Reconsideration**

+-----------------------------+-----------------+------+--------------+
| Chawanakee Joint Elementary | > 229391        | 2001 | Application  |
|                             |                 |      | for Review   |
| School District             |                 |      |              |
|                             |                 |      |              |
| North Fork, CA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| High Bridge Board of        | 328078          | 2002 | Petition for |
| Education                   |                 |      | Rec          |
|                             |                 |      | onsideration |
| High Bridge, NJ             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Neches Independent School   | > 325411        | 2002 | Petition for |
| District                    |                 |      | Rec          |
|                             |                 |      | onsideration |
| Neches, TX                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Siskiyou County Library     | > 325514        | 2002 | Petition for |
|                             |                 |      | Rec          |
| Yreka, CA                   |                 |      | onsideration |
+-----------------------------+-----------------+------+--------------+

List of Appellants included as

Consorcio de Escuelas y Bibliotecas

de Puerto Rico

San Juan, Puerto Rico

**[Applicant:]{.underline}**[^66] **[SLD File No.:]{.underline}**

Academia Adventista de Florida 227675

Academia Adventista de Mucarabones 228865

Academia Adventista del Centro Ramon Rivera Perez 228164

Academia Adventista de Maunabo 228926

Academia Adventista del Naguabo 228944

Academia Adventista del Noreste 228190

Academia Adventista del Norte 228207

Academia Adventista del Oeste 228216

Academia Adventista del Suroeste 228253

Academia Adventista Metropolitana 228978, 260779

Academia Alexandra 228742

Academia Cayey 228908

Academia Cristiana Un Nuevo Amanecer 255896

Academia de Ensenanza Moderna, Inc. 232429

Academia Paraiso de Dorado 232305

Academia Pentecostal Bethel 228265

Academia Presbiteriana Reverendo Juan E. Mercado 231427

Academia Primaria 228886

Academia Regional Adventista Central 228996

Academia Regional Adventista del Este 229001

Academia Regional Adventista del Norte 229028

Academia Regional Adventista del Sur 229041

Academia Sabana Llana 228960

Academia Santa Rosa de Lima 228760

Academia Santo Tomas de Aquino Elemental 229432

Academia Santo Tomas de Aquino Superior 229409

Bella Vista Adventist Academy 228788

Biblioteca Electronica Bo, Esperanza 260586

Biblioteca Electronica Municipio Autonomo de Carolina 260589

Biblioteca Electronica Municipio de Area Aibonito 243702

Biblioteca Municipal Caguas 236507

Biblioteca Municipal de Bayamon, Dr Agustin Stahl 243770

Biblioteca Municipal de Bayamon, Pilar Barbosa 244366

Biblioteca Municipal de Boquillas 244127

Biblioteca Municipal de Catano, Alberto Davila Fuentes 243846

Biblioteca Municipal de Cortes 244139

Biblioteca Municipal de Guaynabo 243958

Biblioteca Municipal de Juncos, Jose M Gallardo 244067

Biblioteca Municipal de Montebello 244183

Biblioteca Municipal de Pugnado 244159

Biblioteca Municipal de Quebradillas 260161

Biblioteca Municipal Ernesto Cora Vega 243810

Biblioteca Municipal Las Piederas 243153

Biblioteca Municipal Manati Francisco Alvarez Marrero 236736

Biblioteca Municipal Mayaguez 233513

Biblioteca Pedro Albizu Campos 236517, 244880, 254526

Biblioteca Publica Adjuntas 234495

Biblioteca Publica Aguada 237665

Biblioteca Publica Anasco-Manuel Guzman 233108

Biblioteca Publica Arecibo 243713

Biblioteca Publica Barceloneta 233178

Biblioteca Publica Camuy 237339

Biblioteca Publica Camuy, Bo. Quebrada 236860

Biblioteca Publica Cayey 237615

Biblioteca Publica Celba 236715

Biblioteca Publica Ciales 237413

Biblioteca Publica Cidra 243862

Biblioteca Publica Coamo 237300

Biblioteca Publica Comeio 260354

Biblioteca Publica de Area Corozal 237386

Biblioteca Publica de Arroyo 243758

Biblioteca Publica de Culebra 237506

Biblioteca Publica de Luquillo 244455, 260451

Biblioteca Publica Fajardo 243897

Biblioteca Publica Guanica 243933

Biblioteca Publica Guayama 236689

Biblioteca Publica Guayanilla 234409

Biblioteca Publica Gurabo 237594

Biblioteca Publica Hatillo 237581

Biblioteca Publica Humacao 244008

Biblioteca Publica Jayuya 237466

Biblioteca Publica Lajas 237564

Biblioteca Publica Las Marias 244104

Biblioteca Publica Loiza 233070

Biblioteca Publica Maricao 233628

Biblioteca Publica Maricao-Indiana Alta 237436

Biblioteca Publica Maunabo, Rafael Rodriguez Gonzales 260104

Biblioteca Publica Municipal Computarizada de Naranijito 260232

Biblioteca Publica Penuelas 244332

Biblioteca Publica Rio Grande 236756

Biblioteca Publica Sabana Grande 237551

Biblioteca Publica Salinas 244170

Biblioteca Publica San Juan-Cantera Rosa Sanchez 236946

Biblioteca Publica San Juan-La Peria 244233, 260772

Biblioteca Publica San Lorenzo 236812

Biblioteca Publica Santa Isabel Pedro M Alomar 237746

Biblioteca Publica Toa Alta 244264

Biblioteca Publica Toa Baja 233246, 237587

Biblioteca Publica Utuado 244326

Biblioteca Publica Vieques 237716

Biblioteca Publica Villalba 236778

Biblioteca Publica Yabucoa 244349

Biblioteca Publica Yauco 237499

Biblioteca San Sebastian 244244

Colegio Bilingue Light Of The Children 228801

Colegio Catolico Notre Dame Elemental 214568, 229355

Colegio Catolico Notre Dame Secundario 229379

Colegio Cedi 232404

Colegio Emmanuel, Inc. 232226

Colegio Immaculada Concepcion 229197

Colegio Nacional 232314

Colegio Nuestra Senora del Carmen 229214

Colegio Nuestra Senora del Rosario -- Ciales 229122

Colegio Nuestra Senora del Rosario -- Vega Baja 229226

Colegio Presbiteriano San Sebastian 230479

Colegio Sagrada Familia 229244

Colegio San Antonio 228813

Colegio San Felipe 229093

Colegio San Jose 229291

Colegio San Juan Bautista 223597, 229170

Colegio San Juan Bosco 224671, 229127, 29137

Colegio San Miguel Elemental 222815, 229075

Colegio San Miguel Secundario 222816, 229059

Colegio San Rafael 222317, 225416, 229329, 260627

Colegio San Vicente Ferrer 230419

Colegio Sana Rosa Superior 231235

Colegio Santa Rosa Elemental 230444

Colegion Congregación Mita 255793

Escuela Evangelica Unida de Fajardo 231480

Fajardo Community Private School 232444

Hogar Colegio La Milagrosa 229145

Liceo Aguadillano 228839

Piaget Bilingual Academy Of Manati 258270

Saint Patrick\'s Bilingual School 232457

**APPENDIX C**

**Minimum Processing Standards Violations**

+-----------------------------+-----------------+------+--------------+
| **Applicant**               | **Application   | **F  | **Type of    |
|                             | Number**        | undi | Appeal**     |
|                             |                 | ng** |              |
|                             |                 |      |              |
|                             |                 | **Ye |              |
|                             |                 | ar** |              |
+-----------------------------+-----------------+------+--------------+
| Alexander City Schools      | 440884          | 2005 | Request for  |
|                             |                 |      | Review       |
| Alexander City, AL          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Athens City Schools         | 476573          | 2005 | Request for  |
|                             |                 |      | Review       |
| Athens, TN                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Bay St. Louis-Waveland      | 434001, 434002, | 2004 | Request for  |
| School District             | 434003,         |      | Review       |
|                             |                 |      |              |
| Bay St. Louis, MS           | 434008          |      |              |
+-----------------------------+-----------------+------+--------------+
| Biblioteca Electronica de   | 489565          | 2005 | Request for  |
| Rio Hondo                   |                 |      | Review       |
|                             |                 |      |              |
| Comerio, PR                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Bucksport School Department | 471929          | 2005 | Request for  |
|                             |                 |      | Review       |
| Bucksport, ME               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Burnt Hills-Ballston Lake   | 434258          | 2004 | Request for  |
| Central School District     |                 |      | Review       |
|                             |                 |      |              |
| Scotia, NY                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Calumet City School         | 442354          | 2005 | Request for  |
| District No. 155            |                 |      | Review       |
|                             |                 |      |              |
| Calumet City, IL            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| City of Boston, Department  | 330664          | 2002 | Request for  |
| of Neighborhood Development |                 |      | Review       |
|                             |                 |      |              |
| Boston, MA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Clovis Unified School       | 320217          | 2002 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Clovis, CA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Colegio San Antonio         | 434925          | 2004 | Request for  |
|                             |                 |      | Review       |
| Isabela, PR                 |                 |      |              |
|                             |                 |      | and Waiver   |
+-----------------------------+-----------------+------+--------------+
| Colton School District #53  | 434227          | 2004 | Request for  |
|                             |                 |      | Review       |
| Colton, OR                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Cooperative Educational     | 481695          | 2005 | Request for  |
| Service Agency #12          |                 |      | Review       |
|                             |                 |      |              |
| Ashland, WI                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Creighton School District   | 471774          | 2005 | Request for  |
|                             |                 |      | Review       |
| Phoenix, AZ                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Elsa Public Library         | 472948          | 2005 | Request for  |
|                             |                 |      | Review       |
| Elsa, TX                    |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Emery Unified School        | 386068          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Emeryville, CA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Fairfax County Public       | NEC.471.03      | 1999 | Request for  |
| Schools                     | -13-00.29600003 |      | Review       |
|                             |                 |      |              |
| Arlington, VA               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Forsyth County Public       | 386053          | 2003 | Request for  |
| Library                     |                 |      | Review       |
|                             |                 |      |              |
| Winston-Salem, NC           |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Franklin Lakes School       | 438092          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Franklin Lakes, NJ          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| French Camp Academy         | 386007          | 2003 | Request for  |
|                             |                 |      | Review       |
| French Camp, MS             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Henderson County Public     | 489560          | 2005 | Request for  |
| Library                     |                 |      | Review       |
|                             |                 |      |              |
| Lexington, TN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Hood River County School    | 463073          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Hood River, Oregon          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Incarnation School          | 484104          | 2005 | Request for  |
|                             |                 |      | Review       |
| Queens Village, NY          |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Jackson District Library    | 386004          | 2003 | Request for  |
|                             |                 |      | Review       |
| Jackson, MI                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Lawrence County School      | 423967, 424237  | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Monticello, MS              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Leary Independent School    | 386045          | 2003 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Hooks, TX                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Leary School of Virginia    | 429541          | 2004 | Request for  |
|                             |                 |      | Review       |
| Alexandria, VA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mabton School District 120  | 330366, 331297  | 2002 | Request for  |
|                             |                 |      | Review       |
| Mabton, WA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Maine School Administrative | 434452          | 2004 | Request for  |
|                             |                 |      | Review       |
| District No.36              |                 |      |              |
|                             |                 |      |              |
| Livermore Falls, ME         |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Marshfield Public Schools   | 454206          | 2005 | Request for  |
|                             |                 |      | Review       |
| Marshfield, MA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Maumee City School District | 433796          | 2004 | Request for  |
|                             |                 |      | Review       |
| Maumee, OH                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| McKittrick School District  | 457558          | 2005 | Request for  |
|                             |                 |      | Review       |
| McKittrick, CA              |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Memphis City Schools        | 386323          | 2003 | Request for  |
|                             |                 |      | Review       |
| Memphis, TN                 |                 |      |              |
|                             |                 |      |              |
| []{.mark}                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Mililani-Mauka Elementary   | 435235          | 2004 | Request for  |
| School                      |                 |      | Review       |
|                             |                 |      |              |
| Mililani, HI                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Moencopi Day School         | 388623          | 2004 | Request for  |
|                             |                 |      | Review       |
| Tuba City, AZ               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Northampton Public Schools  | 434124          | 2004 | Request for  |
|                             |                 |      | Review       |
| Northampton, MA             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Radford City Schools        | 328239          | 2002 | Request for  |
|                             |                 |      | Review       |
| Radford, VA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Rangeley Public Library     | 412504          | 2004 | Request for  |
|                             |                 |      | Review       |
| Rangeley, ME                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Richards Independent        | 466139, 466553  | 2005 | Request for  |
| Schools                     |                 |      | Review       |
|                             |                 |      |              |
| Richards, Texas             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Richford High School        | 478956          | 2005 | Request for  |
|                             |                 |      | Review       |
| Richford, VT                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Santa Cruz Catholic School  | 477761          | 2005 | Request for  |
|                             |                 |      | Review       |
| Tucson, AZ                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Sarah A. Reed Children\'s   | 478696          | 2005 | Request for  |
| Center                      |                 |      | Review       |
|                             |                 |      |              |
| Erie, PA                    |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Sevier County Library       | 489555          | 2005 | Request for  |
|                             |                 |      | Review       |
| De Queen, AR                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| South Winneshiek Community  | 434742          | 2004 | Request for  |
| School District             |                 |      | Review       |
|                             |                 |      |              |
| Calmar, IA                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Lawrence Catholic       | 364085          | 2003 | Request for  |
| School                      |                 |      | Review       |
|                             |                 |      |              |
| Tampa, FL                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Joseph the Carpenter    | 293467          | 2002 | Request for  |
| School                      |                 |      | Review       |
|                             |                 |      |              |
| Cranford, New Jersey        |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| St. Mary's Academy          | 464088          | 2005 | Request for  |
|                             |                 |      | Review       |
| Champlain, NY               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Suffolk Cooperative Library | 206068          | 1999 | Request for  |
| System, Bellport, NY        |                 |      | Review       |
+-----------------------------+-----------------+------+--------------+
| Sweetser                    | 472924          | 2005 | Request for  |
|                             |                 |      | Review       |
| Saco, Maine                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Tennessee School Boards     | 331527          | 2002 | Request for  |
| Association                 |                 |      | Review       |
|                             |                 |      |              |
| Nashville, TN               |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Teton County Library        | 386021          | 2003 | Request for  |
|                             |                 |      | Waiver       |
| Jackson, WY                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Toledo Academy of Learning  | 472874          | 2005 | Request for  |
|                             |                 |      | Review       |
| Toledo, OH                  |                 |      |              |
|                             |                 |      | and Waiver   |
+-----------------------------+-----------------+------+--------------+
| Unger Memorial Library      | 457480          | 2005 | Request for  |
|                             |                 |      | Review       |
| Plainview, Texas            |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Upper Adams School District | 384741          | 2003 | Request for  |
|                             |                 |      | Review       |
| Biglerville, PA             |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Vidalia City School         | 435029          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Vidalia, GA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Vidalia City School         | 462880          | 2005 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Vidalia, GA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Vidalia City Schools        | 435053          | 2004 | Request for  |
|                             |                 |      | Review       |
| Vidalia, GA                 |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| Volusia County Schools      | 264583          | 2001 | Request for  |
|                             |                 |      | Review       |
| DeLand, FL                  |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| West Genesee Central School | 146585          | 1999 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Syracuse, NY                |                 |      |              |
+-----------------------------+-----------------+------+--------------+
| West Sioux Community School | 435404          | 2004 | Request for  |
| District                    |                 |      | Review       |
|                             |                 |      |              |
| Hawarden, IA                |                 |      |              |
|                             |                 |      |              |
| []{.mark}                   |                 |      |              |
+-----------------------------+-----------------+------+--------------+

**Minimum Processing Standards Violations**

**Petition for Reconsideration**

+-----------------------------+-----------------+-----+---------------+
| City of Newport News        | >               | 2   | Petition for  |
|                             |  NEC.471.12-16- | 000 | Re            |
| Newport News, VA            | >               |     | consideration |
|                             | > 99.2700001    |     |               |
+-----------------------------+-----------------+-----+---------------+
| Des Moines Public Schools   | > 267486        | 2   | Application   |
|                             |                 | 001 | for           |
| Des Moines, IA              |                 |     |               |
|                             |                 |     | Review        |
+-----------------------------+-----------------+-----+---------------+
| King and Queen County       | >               | 2   | Petition for  |
| Public Schools )            |  NEC.471.01-19- | 000 | Re            |
| NEC.471.01-19-00.05000968   | >               |     | consideration |
|                             | > 00.05000968   |     |               |
| King and Queen Courthouse,  |                 |     |               |
| VA                          |                 |     |               |
+-----------------------------+-----------------+-----+---------------+
| Paramus School District     | > 386049        | 2   | Application   |
|                             |                 | 003 | for           |
| Paramus, NJ                 |                 |     |               |
|                             |                 |     | Review        |
| (filed by Thomas            |                 |     |               |
| Communications &            |                 |     |               |
| Technologies, LLC)          |                 |     |               |
+-----------------------------+-----------------+-----+---------------+

**SEPARATE STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

Re: *Request for Review of the Decision of the Universal Service
Administrator by*

*Bishop Perry Middle School New Orleans,LA, et al.; Schools and
Libraries Universal Service Support Mechanism*, Order (File Nos.
SLD-487170, et al., CC Docket No. 02-6)

E-Rate plays a decisive role in providing schools and libraries with the
communications tools they need for our children and communities to
compete and prosper in this digital age. Because access to E-Rate is so
important, we need to be dead serious about rooting out abuses and
punishing those few bad actors who would exploit the program. But that
is not the case in the select appeals before the Commission today.
Clearly, these cases are not about waste, fraud or abuse. These are
about limited, and I believe, relatively minor ministerial errors. When
a school inadvertently provides the right information on a slightly
dated but virtually identical form, when technical problems prevent an
applicant from interfacing with USAC's electronic filing system and when
a third-party carrier prevents an application from arriving in a timely
manner, flat-out funding denial is a harsh consequence. It can be
especially harsh when, as was the case in one application here, a minor
clerical error led to a denial of E-Rate funding for an entire state. In
fact, it becomes hard to square denial for slight clerical errors like
these with our duties under the statute to further the deployment of
advanced services. For these reasons, I support today's decision.

[^1]: In this Order, we use the term "appeals" to generically refer to
    requests for review of decisions, or waivers related to such
    decisions, issued by the Commission, the Wireline Competition
    Bureau, or the Administrator. A list of these pleadings is attached
    as Appendices A-C. One of the appeals is a petition for
    reconsideration of a Commission order filed by the Information
    Technology Department of the State of North Dakota.

[^2]: *Comprehensive Review of Universal Service Fund Management,
    Administration, and Oversight, Federal-State Joint Board on
    Universal Service, Schools and Libraries Universal Service Support
    Mechanism, Rural Health Care Support Mechanism, Lifeline and Linkup,
    Changes to the Board of Directors of the National Exchange Carrier
    Association, Inc.,* WC Docket Nos. 05-195, 02-60, 03-109, CC Docket
    Nos. 96-45, 02-6, 97-21, Notice of Proposed Rulemaking and Further
    Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005)
    (*Comprehensive Review NPRM*).

[^3]: 47 U.S.C. § 254(h). The Telecommunications Act of 1996, Pub. L.
    No. 104-104, 110 Stat. 56, amended the Communications Act of 1934.

[^4]: *Comprehensive Review NPRM*, 20 FCC Rcd at 11324-25, paras. 37-40
    (seeking comment on the application process and competitive bidding
    requirements for the schools and libraries program).

[^5]: We estimate that the appeals granted in this Order involve
    applications for approximately \$68 million in funding for Funding
    Years 1999-2005. We note that USAC has already reserved
    approximately \$585 million to fund outstanding appeals. *See,
    e.g.,* Universal Service Administrative Company, Federal Universal
    Service Support Mechanisms Fund Size Projections for the Fourth
    Quarter 2005, dated August 2, 2005. Thus, we determine that the
    action we take today should have minimal effect on the USF as a
    whole.

[^6]: 47 U.S.C. § 254(h)(1)(B); 47 C.F.R. § 54.504. Applicants seeking
    discounts only for telecommunications services do not need to
    develop a technology plan. *See Request for Review of the Decision
    of the Universal Service Administrator by United Talmudical Academy,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association*, CC
    Docket Nos. 96-45, 97-21, Order, 16 FCC Rcd 18812, 18816, para. 11
    (2001). In August, 2004, the Commission revised its rules concerning
    technology plans. *See Schools and Libraries Fifth Report and
    Order,* 19 FCC Rcd at 15826-30, paras. 51-63. *See Schools and
    Libraries Universal Support Mechanism*, CC Docket No. 02-6, Fifth
    Report and Order, 19 FCC Rcd 15808, 15826-30, paras. 51-63 (2004)
    (*Schools and Libraries Fifth Report and Order*)*.*

[^7]: If the technology plan has not been approved when the applicant
    files the Form 470, the applicant must certify that it understands
    that the technology plan must be approved prior to commencement of
    service. 47 C.F.R. § 54.504(b)(2)(vii).

[^8]: 47 C.F.R. § 54.504(b)(4).

[^9]: 47 C.F.R. §§ 54.504, 54.511(a).

[^10]: This form is to request discounts on those services and it
    contains the discount calculation worksheet and the discount funding
    request. The FCC Form 471 must be filed each time a school or
    library orders telecommunications services, Internet access, or
    internal connections.

[^11]: 47 C.F.R. §§ 54.507(c).

[^12]: 47 C.F.R. §§ 54.507(c).

[^13]: *Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc., Federal-State Joint Board on Universal
    Service*, CC Docket Nos. 97-21 and 96-45, Third Report and Order in
    CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
    No. 97-21 and Eighth Order on Reconsideration in CC Docket No.
    96-45, 13 FCC Rcd 25058 (1998).

[^14]: *See, e.g.*, Instructions for Completing the Universal Service
    Schools and Libraries Services Ordered and Certification Form (FCC
    Form 471), OMB 3060-0806 (December 2002) (FCC Form 471 Instructions)
    at 6-9.

[^15]: *See,* *e.g.,* USAC website, Form 471 Minimum Processing
    Standards and Filing Requirements for FY 4,

    [http://
    www.sl.universalservice.org/reference/471mps.asp]{.underline}
    (Minimum Processing Standards).

[^16]: *Id.* But note, in the *Naperville Order*, the Commission
    determined that USAC should not return an application without
    consideration for having omitted information required by USAC's
    minimum processing standards where: (1) the request for information
    is a first-time information requirement on a revised form, thereby
    possibly leading to confusion on the part of the applicants; (2) the
    omitted information could be easily discerned by USAC through
    examination of other information included in the application; and
    (3) the application is otherwise substantially complete. *Request
    for Review by Naperville Community Unit School District 203,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-203343, CC Dockets No. 96-45 and 97-21, Order, 16 FCC
    Rcd 5032,5037-38, paras. 12-15 (2001) (*Naperville Order*).

[^17]: *See* Appendices A-C.

[^18]: For purposes of this Order, decisions by both the Schools and
    Libraries Division and USAC will be collectively referred to as
    decisions issued by USAC.

[^19]: *See* Appendices A-C.

[^20]: 47 C.F.R. §1.3.

[^21]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) (*Northeast Cellular*).

[^22]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157, (D.C. Cir. 1969),
    *affirmed by* *WAIT Radio v. FCC*, 459 F.2d 1203 (D.C. Cir. 1972),
    *cert. denied*, 409 U.S. 1027 (1972).

[^23]: *Northeast Cellular*, 897 F.2d at 1166.

[^24]: *See, e.g.,* *Request for Review by St. John's School, Schools
    and Libraries Universal Service Support Mechanism*, *Order*, 20 FCC
    Rcd 8171 (2005); *Federal-State Joint Board on Universal Service,
    Changes to the Board of Directors of the national Exchange Carrier
    Association, Inc.*, *Bruggemeyer Memorial Library*, *Order*, 14 FCC
    Rcd 13170 (1999); *see also* *Naperville Order*, 16 FCC Rcd at 5036
    -5037, para. 11 (Although the Commission granted Naperville's
    request for review, it affirmed that "consistent with the
    Commission's rule requiring applicants to submit a 'completed' FCC
    Form 471, SLD's minimum processing standards provide an efficient
    means to minimize unnecessary administrative costs by reducing the
    number of substantially incomplete applications that SLD must review
    and process," and concluded that "it is appropriate for SLD to
    require the information requested by Item 22\[in Form 471\], and for
    SLD to return applications that fail to provide this information in
    any form.").

[^25]: *See* 47 U.S.C. § 254(h).

[^26]: *See* Appendix C. We estimate that these 63 appeals involve
    applications for approximately \$34 million in funding for Funding
    Years 1999-2005 and note that these funds have already been
    collected and held in reserve. Also covered in this Order is one
    application that does not technically involve a minimum processing
    error. Alexander City Schools discovered it had incorrectly
    requested a lesser amount of money than it needed. Even though it
    promptly notified USAC of its error -- within nine days -- USAC
    found that because the correction was made after the close of the
    filing window, USAC could not correct the amount of funding. *See*
    Request for Review by Alexander City Schools.

[^27]: Request for Review by Alexander City Schools; Request for Review
    by Athens City Schools; Request for Review by Bay St. Louis-Waveland
    School District; Request for Review of Bucksport School Department;
    Request for Review of Calumet City School District No. 155; Request
    for Review of Clovis Unified School District; Request for Review and
    Waiver of Colegio San Antonio; Request for Review of Colton School
    District #53; Request for Review of Cooperative Educational Service
    Agency #12; Request for Review of Creighton School District; Request
    for Review of Elsa Public Library; Request for Review of Emery
    Unified School District; Request for Review of Fairfax County Public
    Schools; Request for Review of Forsyth County Public Library;
    Request for Review of Franklin Lakes School District; Request for
    Review of French Camp Academy; Request for Review of Henderson
    County Public Library; Request for Review of Hood River County
    School District; Request for Review of Incarnation School; Request
    for Review of Jackson District Library; Request for Review of
    Lawrence County School District; Request for Review of Leary
    Independent School District; Request for Review of Mabton School
    District 120; Request for Review of Marshfield Public Schools;
    Request for Review of Maumee City School District; Request for
    Review of McKittrick School District; Request for Review of Memphis
    City Schools; Request for Review of Mililani-Mauka Elementary
    School; Request for Review of Northampton Public Schools; Request
    for Waiver of Radford City Schools; Request for Review of Rangeley
    Public Library; Request for Review of Richards Independent Schools;
    Request for Review of Richford High School; Request for Review of
    Santa Cruz Catholic School; Request for Review of Sevier County
    Library; Request for Review of St. Joseph the Carpenter Schools;
    Request for Review of St. Lawrence Catholic School; Request for
    Review of St. Mary's Academy; Request for Review of Suffolk
    Cooperative Library System; Request for Review of Sweetser; Request
    for Review of Teton County Library; Request for Review and Waiver of
    Toledo Academy of Learning; Request for Review of Unger Memorial
    Library; Request for Review of Upper Adams School District; Request
    for Review of Vidalia City School District; Request for Review of
    Volusia County Schools; Request for Review of West Genesee Central
    School District; Petition for Reconsideration of City of Newport
    News; Application for Review of Des Moines Public Schools; Petition
    for Reconsideration of King and Queen County Public Schools*.*

[^28]: Request for Review of Burnt Hills-Ballston Lake Central School
    District; Request for Review of West Sioux Community School
    District.

[^29]: Request for Review by Perrysburg Exempt Village School; Request
    for Review by Lawrence County School District; Request for Review by
    Maumee City School District; Request for Review of Maine School
    Administrative District No. 36; Request for Review of Moencopi Day
    School.

[^30]: Request for Review of City of Boston; Request for Review of
    Department of Neighborhood Development; Request for Review of
    Tennessee School Boards Association; Application for Review of
    Paramus School District.

[^31]: Request for Review of Biblioteca Electronica de Rio Hondo;
    Request for Review of Sarah A. Reed Children's Center; Request for
    Review of South Winneshiek Community School District.

[^32]: The initial application is 14 pages long. *See* USAC website,
    Schools and Libraries Universal Service

    Description of Services Requested and Certification Form 470,
    available at
    [http://www.universalservice.org/\_res/documents/sl/pdf/470.pdf]{.underline}.

[^33]: See 47 U.S.C. § 254(h).

[^34]: *See* Appendix B. We estimate that these 103 appeals involve
    applications for approximately \$30 million in funding for Funding
    Years 1999-2005, and note that these funds have already been
    collected and held in reserve. In the case of Fairfax School
    District R3, Minnesota Transition School, Minnewaska Area Schools,
    Our Lady of The Lake School, and St. Francis of Assisi School, the
    applicants had not yet submitted their completed FCC Forms 471
    before filing their requests for review with the Commission but
    anticipated that their forms would be filed outside the FCC Form 471
    filing window. *See* Request for Review of Fairfax School District
    R3; Request for Waiver of Minnesota Transition School; Request for
    Waiver of Minnewaska Area Schools; Request for Waiver of Our Lady of
    The Lake School; Request for Waiver of St. Francis of Assisi School.

[^35]: Request for Review of Centerville School District 60-1; Request
    for Appeal of Colonial Intermediate Unit 20; Request for Review of
    Derby Public Schools; Request for Review of Ferndale Area School
    District; Request for Review of Kent City Schools; Request for
    Review of Mel Blount Youth Home; Request for Review of North Panola
    School District; Request for Review of Oglala Lakota Technology
    Consortium; Request for Review and Waiver of Perrysburg Exempt
    Village School District.

[^36]: *See* 47 C.F.R. § 54.507(c).

[^37]: Request for Waiver of Assabet Valley Regional Vocational School
    District; Request for Review of Barnwell County School District 45;
    Request for Review of Bath County School District; Request Waiver of
    Beavertown Community Library; Request for Review of Brown County
    School Corporation; Request for Review of Caruthers Unified School
    District; Request for Review of Central Catholic High School;
    Application for Review of Chawanakee Joint Elementary School
    District; Request for Review of Clearwater Memorial Library; Request
    for Waiver of Clinton County Board of Education; Request for Review
    of Coahoma County Public Schools; Requests for Review of Consorcio
    de Escuelas y Bibliotecas; Request for Review and Waiver of CPC
    Behavioral Healthcare; Request for Review of Delta County School
    District; Request for Review of Fairfax School District R3; Request
    for Review of Germantown School District; Request for Waiver of
    Hawaii State Public Library; Petitioner for Reconsideration of High
    Bridge Board of Education; Request for Waiver of Holmes District
    School Board; Request for Review of Hubbard Independent School
    District; Request for Waiver of Indian Oasis Baboquivari District
    40; Request for Waiver of Island Trees Public Library; Request for
    Waiver of Jefferson School District; Request for Review of Los
    Alamitos Unified School District; Request for Review of Madera
    Unified School District; Request for Review of Malone Independent
    School District; Request for Waiver of McClure Community Library;
    Request for Waiver of Middleburg Community Library; Request for
    Waiver of Minnesota Transition School; Request for Waiver of
    Minnewaska Area Schools; Request for Review of Montfort & Allie B.
    Jones Memorial Library; Request for Waiver of Mount Ayr Community
    School District; Request for Waiver of Mount Saint John School;
    Request for Waiver of Mt. Carroll Township Public Library; Request
    for Review of Our Lady of Refuge; Request for Waiver of Pinon
    Dormitory; Request for Waiver of Queen of Apostles Catholic School;
    Request for Waiver of Richmond Public Library; Request for Review of
    Rylander Memorial School; Request for Waiver of Selinsgrove
    Community Library; Petitioner for Reconsideration of Siskiyou County
    Library; Request for Review of Southeast Delco School District;
    Request for Review of Southeastern Libraries Cooperating; Request
    for Review of St. Clement's Regional Catholic School; Request for
    Review of St. Elizabeth Interparochial School; Request for Waiver of
    St. Francis of Assisi School; Request for Waiver of SuperNet
    Consortium; Request for Waiver of Tiverton School Department;
    Request for Waiver Wabash Valley Educational Center; Request for
    Review of Wallington Public Schools; Request for Waiver of Walnut
    Community School District; Request for Waiver of Washington Local
    School District; Request for Waiver of Westside Holistic Family
    Services; Request for Review of Whitfield County School District;
    Request for Waiver of Wilkinson County School District; Request for
    Review of Wilson Memorial Library.

[^38]: Request for Waiver of Augusta County Library; Request for Review
    of Bonnie Brae Educational Center School; Request for Review of
    Garvey School District; Request for Waiver of Gaston County School
    District; Request for Waiver Millennium Community School; Request
    for Waiver of Northwest Institute for Contemporary Learning, Inc.;
    Request for Waiver of St. Mary's School; Petition for
    Reconsideration of Neches Independent School District; Request for
    Waiver of Unadilla Community School.

[^39]: Request for Waiver of Blackwell Public Schools; Request for
    Waiver of Brooklyn Jesuit Prep; Request for Review of Cecil County
    Public Schools; Request for Review of Colleton County School
    District; Request for Review of Jefferson City School District;
    Request for Review of Laporte School District 306; Request for
    Waiver of Nativity Mission School; Request for Review of Pierce City
    School District R6; Request for Waiver of St. Ignatius Academy.

[^40]: *See* 47 C.F.R. § 54.507(c).

[^41]: *See, e.g., Request for Review by Information Technology
    Department State of North Dakota, Federal-State Joint Board on
    Universal Service, Changes to the Board of Directors of the National
    Exchange Carrier Association, Inc.,* File No. SLD-245592, CC Docket
    Nos. 96-45 and 97-21, Order, 17 FCC Rcd 7383, 7389, para. 13
    (Wireline Comp. Bur. 2002) (*North Dakota Order*); *Request for
    Review by Wilmington 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-254818, CC Docket
    Nos. 96-45 and 97-21, Order, 17 FCC Rcd 12069, 12071, paras. 7-8
    (Wireline Comp. Bur. 2002) (*Wilmington Public Schools Order*);
    *Request for Review by South Barber Unified School District,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. SLD-158897, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC
    Rcd 18435, 18437-38, para. 7 (Com. Car. Bur. 2001) (*South Barber
    Order*).

[^42]: *See* 47 U.S.C. § 254(h).

[^43]: Request for Waiver of Design and Engineering Services; Request
    for Waiver of Nelson County Public Schools; Request for Waiver of
    Our Lady of the Lake School.

[^44]: Request for Waiver of A.C.E. Charter High School; Request for
    Review of American School for the Deaf; Request for Waiver of
    Associated Marine Institutes, Inc.; Request for Review of Clinton
    Public Schools; Request for Waiver of Howard County School District;
    Requests for Waiver of Jemez Mountain School District; Request for
    Waiver of Leggett Valley Unified School District; Request for Review
    of Maine School Administrative District #36; Request for Review of
    Meriwether County School System; Request for Review of North East
    Independent School District; Request for Review of Saint John
    Grammar School; Request for Review of Trinity Christian School;
    Request for Review of Watson School District #56.

[^45]: Request for Waiver of Las Vegas City Schools; Request for Review
    of Loogootee Community School Corporation.

[^46]: *See* 47 C.F.R. § 54.507(c).

[^47]: *See, e.g., North Dakota Order*, 17 FCC Rcd at 7389, para. 13;
    *Wilmington Public Schools Order*, 17 FCC Rcd at 12071, paras. 7-8;
    *South Barber Order*, 16 FCC Rcd at 18437-38, para. 7.

[^48]: *See* 47 U.S.C. § 254(h).

[^49]: We estimate that these 29 appeals involve applications for
    approximately \$4 million in funding for Funding Years 1999-2005,
    and note that these funds have already been collected and held in
    reserve.

[^50]: Request for Waiver of Bishop Perry Middle School; Request for
    Review of Canby School District 891; Request for Review of Candler
    County Board of Education; Request for Review of Cassopolis Public
    School; Request for Review of Construction Careers Center; Request
    for Review of Dunmore School District; Request for Review of
    Fluvanna County School District; Request for Review of Interstate 35
    Community School District; Request for Review of Lydia Bruun Woods
    Memorial Library; Request for Review of Mabton School District 120;
    Request for Review of New York State Office of Children & Family
    Services; Request for Review of Proctor Public Schools; Request for
    Review of Weld County School District Six.

[^51]: Request for Review of Fort Atkinson School District; Request for
    Waiver of Northwestern Local School District; Request for Review of
    Tewksbury Public Schools; Request for Review of Unified School
    District 443 Information Technologies Services; Request for Review
    of Weld County School District Re-3(J).

[^52]: Request for Review of Cook County School District 130; Request
    for Waiver of Creighton Community Public Schools; Request for Review
    of Gladwin County Library; Request for Review of Tamaroa Public
    School District #5; Request for Review of Welch Independent School
    District 17; Request for Review of Yeshiva Ktana of Passaic.

[^53]: Request for Review of Goose Creek Consolidated Independent School
    District; Request for Review of Morley-Stanwood Community School
    District; Request for Review of Sibley East Independent School
    District #2310; Request for Review of Temple Terrace Public Library.

[^54]: 47 C.F.R. § 54.504(b).

[^55]: *Id.*

[^56]: *See, e.g., North Dakota Order*, 17 FCC Rcd at 7389, para. 13;
    *Wilmington Public Schools Order*, 17 FCC Rcd at 12071, paras. 7-8;
    *South Barber Order*, 16 FCC Rcd at 18437-38, para. 7.

[^57]: *See* 47 U.S.C. § 254(h).

[^58]: *Application for Review of a Decision by the Wireline Competition
    Bureau, Information Technology Department State of North Dakota,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-245592, CC Dockets No. 96-45 and 97-21, Order, 18 FCC
    Rcd 21521 (2003).

[^59]: *Id.*

[^60]: *Id.*

[^61]: *Id.*, 18 FCC Rcd at 21525-27, paras. 12, 17-18.

[^62]: *See* 47 U.S.C. § 254(h).

[^63]: Applicants will be presumed to have received notice five days
    after such notice is postmarked by USAC. USAC, however, shall
    continue to work beyond the 15 days with applicants attempting in
    good faith to amend their applications. This 15-day opportunity to
    refile or amend applications exists only where applicants have
    attempted to file their FCC Form 470 and FCC Form 471 within the
    filing window. If applicants miss the filing window entirely, they
    would need to file a request for waiver of the deadline with the
    Commission.

[^64]: We note that applicants will retain the ability to appeal
    decisions denying funding requests on the grounds discussed herein.

[^65]: *Comprehensive Review NPRM*.

[^66]: Applicant names are listed as they appeared on the FCC Form 471
    under appeal, and differ in some cases from the names as they
    appeared in the pleadings. In addition, two applicants appearing in
    the pleadings, Biblioteca Publica Aguas Buenas and Colegio
    Congregacion Mita, are not listed because there is no record of
    these parties having submitted an application in Funding Year 2001.