**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos. SLD-523576, *et    |
|                                  | *) | al.*                         |
| Requests for Review of the       | ** |                              |
| Decision of the Universal        |    | CC Docket No. 02-6           |
| Service Administrator by         | *  |                              |
|                                  | *) |                              |
| Alpaugh Unified School District, | ** |                              |
|                                  |    |                              |
| Alpaugh, CA, *et al.*            | *  |                              |
|                                  | *) |                              |
| Schools and Libraries Universal  | ** |                              |
| Service Support Mechanism        |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: March 22, 2007 Released: March 28, 2007**

By the Commission: Commissioner McDowell issuing a statement. 

1.  In this Order, we grant 78 appeals of decisions by the Universal
    Service Administrative Company (USAC) reducing or denying funding
    from the schools and libraries universal service support mechanism
    (also known as the E-rate program) on the grounds that applicants
    failed to respond to USAC's requests for information within the
    USAC-specified time frame.[^1] As explained below, in each case we
    find good cause to grant the 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 Appendix and issue an
    award or denial based upon a complete review and analysis no later
    than 120 days from the release of this Order. In addition, we direct
    USAC to develop outreach procedures designed to better inform
    applicants of the additional information that may be needed and to
    provide applicants with a 15-day opportunity to respond to such
    request.

2.  *Background*. 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.[^2] USAC examines applications for
    discounted services to ensure that only eligible services are
    funded, and such scrutiny may result in requests by USAC for
    additional information from applicants. Absent the applicant
    providing such additional information, USAC may deny the application
    for failure to demonstrate that the services in question are
    eligible for support.

3.  Given the volume of applications and other submissions that USAC
    processes and reviews each year, it is necessary for USAC to
    establish measures to ensure prompt resolution of applications. One
    such measure in place is an administrative procedure permitting USAC
    to request additional information from applicants.[^3] USAC requires
    that a response to all of its requests for additional or clarifying
    information or documentation be made within seven days of the
    applicant being contacted, unless the deadline is explicitly
    extended by USAC.[^4] If this deadline is not met, or the response
    provided is incomplete, USAC makes a funding determination based on
    the information it has in its possession.

4.  *Discussion*. In this Order, we grant 78 appeals of decisions
    reducing or denying requests for funding from the E-rate program and
    remand the underlying applications associated with these appeals to
    USAC for further action consistent with this Order.[^5] Petitioners'
    requests for funding were denied or reduced because applicants
    failed to respond to USAC's requests for information within the
    specified time frame. Petitioners generally argue that they did not
    actually receive the requests from USAC for additional
    information,[^6] that they submitted the requested information to
    USAC, [^7] that they requested a deferral over the summer, [^8] or
    that a staffing problem prevented them from submitting the requested
    information.[^9]

5.  Balancing the facts and the circumstances of these specific cases as
    described below, we find that good cause exists to grant these
    appeals and remand them back to USAC for further processing.
    Importantly, these appeals involved a procedural error on the part
    of the Petitioners, not a failure to adhere to a core program
    requirement or a misuse of funds. As the Commission has noted
    previously, given that any violations that occurred were procedural,
    not substantive, we find that the complete rejection of these
    applications is not warranted.[^10] Furthermore, these appeals
    involved a processing deadline, not a program rule. Although
    deadlines are necessary for the efficient administration of the
    program, in these cases, the applicants have demonstrated that rigid
    adherence to such procedures does not further the purposes of
    section 254(h) of the Telecommunications Act of 1996 or serve the
    public interest.[^11] We also note that grant of these appeals
    should have a minimal impact on the Universal Service Fund because
    the monies needed to fund the underlying applications, should they
    all be fully funded, have already been collected and held in
    reserve.[^12] We therefore find that good cause exists to grant and
    remand these appeals. In remanding these applications to USAC, we
    make no finding as to the ultimate eligibility of the services. To
    ensure these issues are resolved expeditiously, we direct USAC to
    complete its review of the applications listed in the Appendix and
    issue an award or a denial based on a complete review and analysis
    no later than 120 calendar days from release of this Order.

6.  We emphasize the limited nature of this decision. As stated above,
    we recognize that filing deadlines are necessary for the efficient
    administration of the schools and libraries E-rate program. Although
    we grant the subject appeals before us, our action here does not
    eliminate USAC's deadlines for processing applications.[^13] In
    addition, this decision is not intended to reduce or eliminate any
    application review procedures or lessen the program requirements
    that applicants must comply with to receive funding. We continue to
    require E-rate applicants to submit, complete and accurate
    information to USAC in a timely fashion as part of the application
    review process. However, beginning with applications for funding
    year 2007, we require USAC in each instance to detail in writing and
    with specificity to the applicant any information or documentation
    USAC is seeking. In addition, USAC shall permit applicants to
    provide the information to USAC within 15 calendar days from the
    date of receipt of the written notice from USAC that additional
    information is required.[^14]

7.  Finally, we are committed to guarding against waste, fraud, and
    abuse, and to ensuring that funds disbursed through the E-rate
    program are used for appropriate purposes. Although we grant the
    appeals addressed here, this action in no way affects the authority
    of the Commission or USAC to conduct audits or investigations to
    determine compliance with the E-rate program rules or 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 process. 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 the
    Commission's procedures and in cooperation with law enforcement
    agencies.

8.  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, the Requests for Review as
    listed the Appendix ARE GRANTED and REMANDED to USAC for further
    consideration in accordance with the terms of this Order.

9.  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 Appendix and SHALL ISSUE an award
    or a denial of each application based on a complete review and
    analysis no later than 120 calendar days from release of this Order.

10. IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE upon
    release, in accordance with section 1.103 of the Commission's rules,
    47 C.F.R. § 1.103.

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

> Secretary

**APPENDIX**

+-----------------------+-----------------------+-----------------------+
| **Applicant**         | **Application         | **Funding Year**      |
|                       | Number**              |                       |
+-----------------------+-----------------------+-----------------------+
| Alpaugh Unified       | 523576                | 2006                  |
| School District       |                       |                       |
|                       |                       |                       |
| Alpaugh, CA           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Alice Ward Memorial   | 487811                | 2005                  |
| Library               |                       |                       |
|                       |                       |                       |
| Canaan, VT            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Bais Yaakov High      | 234381                | 2001                  |
| School of Chicago     |                       |                       |
|                       |                       |                       |
| Chicago, IL           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Beaver Area School    | 526862                | 2006                  |
| District              |                       |                       |
|                       |                       |                       |
| Beaver, PA            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Berrien County School | 426240                | 2004                  |
| District              |                       |                       |
|                       |                       |                       |
| Nashville, GA         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Bethlehem Area School | 532028, 532117,       | 2006                  |
| District              | 534228, 534843,       |                       |
|                       | 534980, 535090        |                       |
| Bethlehem, PA         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Bethlehem Area School | 533726, 533860,       | 2006                  |
| District              | 533981, 534601,       |                       |
|                       | 534316                |                       |
| Bethlehem, PA         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Bethlehem Area School | 534078                | 2006                  |
| District              |                       |                       |
|                       |                       |                       |
| Bethlehem PA          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Boone County School   | 338632                | 2003                  |
| District              |                       |                       |
|                       |                       |                       |
| Madison, WV           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Brewster Central      | 398144                | 2004                  |
| School District       |                       |                       |
|                       |                       |                       |
| Brewster, NY          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Canon City School     | 422001                | 2004                  |
| District RE-1         |                       |                       |
|                       |                       |                       |
| Canon City, CO        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Charleston County     | 399988, 400066,       | 2004                  |
| School District       | 400095, 400135,       |                       |
|                       | 400148, 400166,       |                       |
| Charleston, SC        | 400185, 400199,       |                       |
|                       | 420054, 420158,       |                       |
|                       | 420266, 421719,       |                       |
|                       | 421919, 423536,       |                       |
|                       | 424838, 429071        |                       |
+-----------------------+-----------------------+-----------------------+
| Cherry Creek School   | 226427                | 2001                  |
| District 5            |                       |                       |
|                       |                       |                       |
| Englewood, CO         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Cleora Public School  | 466824                | 2005                  |
|                       |                       |                       |
| Afton, OK             |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Colegio Dr. Roque     | 414245                | 2004                  |
| Diaz                  |                       |                       |
|                       |                       |                       |
| Yabucoa, PR           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Cotulla Independent   | 320087                | 2002                  |
| School District       |                       |                       |
|                       |                       |                       |
| Cotulla, TX           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Crockett Independent  | 504311, 506302,       | 2006                  |
| School District       | 524164, 524195,       |                       |
|                       | 527805, 527831,       |                       |
| Crockett, TX          | 527849, 527885,       |                       |
|                       | 527903, 530689,       |                       |
|                       | 532849                |                       |
+-----------------------+-----------------------+-----------------------+
| Cypress Heights       | 533588, 537630,       | 2006                  |
| Academy               | 537700                |                       |
|                       |                       |                       |
| Baton Rouge, LA       |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Delta-Schoolcraft     | 538357                | 2006                  |
| Intermediate School   |                       |                       |
| District              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| De Soto Unified       | 476682                | 2005                  |
| School District 232   |                       |                       |
|                       |                       |                       |
| De Soto, KS           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Devereux Foundation   | 538789                | 2006                  |
|                       |                       |                       |
| King of Prussia, PA   |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Diboll Independent    | 430473                | 2004                  |
| School District       |                       |                       |
|                       |                       |                       |
| Diboll, TX            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| DINE Southwest High   | 398842                | 2004                  |
| School                |                       |                       |
|                       |                       |                       |
| Winslow, AZ           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| District of Columbia  | 393708                | 2004                  |
| Public Schools        |                       |                       |
|                       |                       |                       |
| Washington, DC        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| East Cleveland School | 4233380, 423397       | 2004                  |
| District,             |                       |                       |
|                       |                       |                       |
| East Cleveland, OH    |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Eastern Upper         | 471037, 469866        | 2005                  |
| Peninsula Independent |                       |                       |
| School District       |                       |                       |
|                       |                       |                       |
| Sault St. Marie, MI   |                       |                       |
+-----------------------+-----------------------+-----------------------+
| East Orange Community | 415781                | 2004                  |
| Charter School        |                       |                       |
|                       |                       |                       |
| East Orange, NJ       |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Educational Institute | 382666                | 2003                  |
| Oholei Torah          |                       |                       |
|                       |                       |                       |
| Brooklyn, NY          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Evangelical           | 392392                | 2004                  |
| Children's Home       |                       |                       |
|                       |                       |                       |
| St. Louis, MO         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Fairfax School        | 477012                | 2005                  |
| District              |                       |                       |
|                       |                       |                       |
| Bakersfield, CA       |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Fairfax School        | 478082                | 2005                  |
| District              |                       |                       |
|                       |                       |                       |
| Bakersfield, CA       |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Fairfax School        | 478152                | 2005                  |
| District              |                       |                       |
|                       |                       |                       |
| Bakersfield, CA       |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Fairland Public       | 463624                | 2005                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Fairland, OK          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Fairland Public       | 466913                | 2005                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Fairland, OK          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Florence City School  | 464775                | 2005                  |
| District              |                       |                       |
|                       |                       |                       |
| Florence, AL          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Franklin Township     | 474034                | 2005                  |
| School District       |                       |                       |
|                       |                       |                       |
| Somerset, NJ          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Glassboro Public      | 487609                | 2005                  |
| School District       |                       |                       |
|                       |                       |                       |
| Glassboro, NJ         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Grass Lake Community  | 514283                | 2006                  |
| School District       |                       |                       |
|                       |                       |                       |
| Tecumseh, MI          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Greater Johnstown     | 533504                | 2006                  |
| AVTS                  |                       |                       |
|                       |                       |                       |
| Johnstown, PA         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Griffin Foundation    | 486140                | 2005                  |
| Inc.                  |                       |                       |
|                       |                       |                       |
| Tucson, AZ            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Jennings County       | 522029                | 2005                  |
| Schools               |                       |                       |
|                       |                       |                       |
| North Vernon, IN      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Jessamine County      | 498994                | 2005                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Nicholasville, KY     |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Lake Erie Educational | 387075                | 2004                  |
| Computer Association  |                       |                       |
|                       |                       |                       |
| Elyria, OH            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Leominster Public     | 372922                | 2003                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Leominster, MA        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Long Valley Charter   | 410086                | 2004                  |
| School                |                       |                       |
|                       |                       |                       |
| Doyle, CA             |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Lubavitch Yeshiva of  | 266085                | 2001                  |
| Minnesota-Wexler      |                       |                       |
| Learning Institute    |                       |                       |
|                       |                       |                       |
| St. Paul, MN          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Lynd Public School    | 393043                | 2004                  |
|                       |                       |                       |
| Lynd, MN              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Madison-Oneida Board  | 312009                | 2002                  |
| of Cooperative        |                       |                       |
| Educational Services  |                       |                       |
|                       |                       |                       |
| Verona, NY            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Madison-Plains Local  | 524383                | 2005                  |
| School District       |                       |                       |
|                       |                       |                       |
| London, OH            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Marvin L. Winans      | 500983                | 2006                  |
| Academy of Performing |                       |                       |
| Arts                  |                       |                       |
|                       |                       |                       |
| Detroit, MI           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Milltown School       | 470851                | 2005                  |
| District              |                       |                       |
|                       |                       |                       |
| Monsey, NY            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Montezuma-Cortez      | 414192                | 2004                  |
| School District RE-1  |                       |                       |
|                       |                       |                       |
| Cortez, CO            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Oak Hills Local       | 463594                | 2005                  |
| School District       |                       |                       |
|                       |                       |                       |
| Cincinnati, OH        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Oakland Unified       | 263553                | 2001                  |
| School District       |                       |                       |
|                       |                       |                       |
| Novato, CA            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Oakland Unified       | 327574, 327579,       | 2002                  |
| School District       | 327586                |                       |
|                       |                       |                       |
| Oakland, CA           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Oberlin Unified       | 460015                | 2005                  |
| School District No.   |                       |                       |
| 294                   |                       |                       |
|                       |                       |                       |
| Oberlin, KS           |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Pelham City Public    | 362302                | 2003                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Pelham, GA            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Perry Unified School  | 532787                | 2006                  |
| District 343          |                       |                       |
|                       |                       |                       |
| Perry, KS             |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Petersburg            | 446593                | 2005                  |
| Independent School    |                       |                       |
| District              |                       |                       |
|                       |                       |                       |
| Petersburg, TX        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Pleasantville School  | 484579, 485093,       | 2005                  |
| District              | 485464                |                       |
|                       |                       |                       |
| Broomall, PA          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Point Pleasant        | 457647                | 2005                  |
| Schools               |                       |                       |
|                       |                       |                       |
| Point Pleasant, NJ    |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Rylie Family Faith    | 425796                | 2004                  |
| Academy Consortium    |                       |                       |
|                       |                       |                       |
| Dallas, TX            |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Saint Martin de       | 359750                | 2003                  |
| Porres Church         |                       |                       |
|                       |                       |                       |
| Philadelphia, PA      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Scranton School       | 530269                | 2006                  |
| District              |                       |                       |
|                       |                       |                       |
| Scranton, PA          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Silo Public Schools   | 443976                | 2005                  |
|                       |                       |                       |
| Allen, OK             |                       |                       |
+-----------------------+-----------------------+-----------------------+
| St. Johns County      | 409719, 411916        | 2004                  |
| District              |                       |                       |
|                       |                       |                       |
| St. Augustine, FL     |                       |                       |
+-----------------------+-----------------------+-----------------------+
| St. Johns County      | 409805                | 2004                  |
| School District       |                       |                       |
|                       |                       |                       |
| St. Augustine, FL     |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Taft School District  | 501995                | 2006                  |
|                       |                       |                       |
| Lockport, IL          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| The Mesorah School    | 382513                | 2003                  |
|                       |                       |                       |
| Brooklyn, NY          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| The Mill School       | 354229                | 2003                  |
|                       |                       |                       |
| Baltimore, MD         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Toras Imecha          | 404918, 421609        | 2004                  |
|                       |                       |                       |
| Lakewood, NJ          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| University Academy    | 486799, 486829        | 2005                  |
|                       |                       |                       |
| Lawrence, KS          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Vicksburg Warren      | 265505                | 2001                  |
| School District       |                       |                       |
|                       |                       |                       |
| Vicksburg, MS         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Wellsville Local      | 512851                | 2006                  |
| School District       |                       |                       |
|                       |                       |                       |
| Wellsville, OH        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Winn Parish School    | 427753                | 2004                  |
| District              |                       |                       |
|                       |                       |                       |
| Winnfield, LA         |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Yeshiva Beth Yitzchok | 262909                | 2001                  |
| D'Spinka              |                       |                       |
|                       |                       |                       |
| Brooklyn, NY          |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Youthbuild            | 524250                | 2006                  |
| Albuquerque           |                       |                       |
|                       |                       |                       |
| Philadelphia, PA      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Youthbuild            | 524253                | 2006                  |
| Albuquerque           |                       |                       |
|                       |                       |                       |
| Philadelphia, PA      |                       |                       |
+-----------------------+-----------------------+-----------------------+

**STATEMENT**

**COMMISSIONER ROBERT M. McDOWELL**

*Re: Requests for Waiver of the Decision of the Universal Service
Administrator by*

*Adams County School District 14, Commerce City, CO, et al., and*

*Schools and Libraries Universal Service Support Mechanism, CC Docket
No. 02-6*

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

*Alpaugh Unified School District, Alpaugh, CA, et al., and*

*Schools and Libraries Universal Service Support Mechanism, CC Docket
No. 02-6*

> *Re: Requests for Review or Waiver of the Decision of the*
>
> *Universal Service Administrator by*

*Brownsville Independent School District, Brownsville, TX, et al., and*

*Schools and Libraries Universal Service Support Mechanism, CC Docket
No. 02-6*

By adopting these three orders, we are granting 182 appeals of decisions
taken by the Universal Service Administrative Company (USAC) that
reduced or denied funding by applicants of the schools and libraries
universal service mechanism. This program promotes the noble goal of
assisting schools and libraries in the United States to obtain
affordable telecommunications and Internet access. I support these
decisions for several reasons. First, each of these appeals involves
technicalities in the USAC procedures. Our actions here do not
substantively alter the eligibility of the Schools and Libraries
program. Furthermore, we find no indication of any intention to defraud
the system on the part of any of these applicants. Also, our decisions
and USAC's actions on appeal should have minimal effect on the level of
the Universal Service Fund, because USAC has already reserved sufficient
funds to take into account pending appeals. Finally, I am pleased that
we impose reasonable time limits on USAC to address these cases on
appeal so they can be resolved expeditiously.

[^1]: The list of Petitioners is attached in the Appendix. Section
    54.719(c) of the Commission's rules provides that any person
    aggrieved by an action taken by a division of the Administrator may
    seek review from the Commission. 47 C.F.R. § 54.719(c).

[^2]: 47 C.F.R. §§ 54.501-54.503.

[^3]: *See Request for Review by Boone County School District,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. USAC-220067, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC
    Rcd 22467, 22469, para. 5 (Wireline Comp. Bur. 2002) (Boone County
    Order); *Request for Review by Henryetta Public Schools,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. USAC-268075, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC
    Rcd 17423, 17424, para. 3 (Wireline Comp. Bur. 2002).

[^4]: *See* SLD website,
    [www.sl.universalservice.org/reference/deadline.asp](http://www.sl.universalservice.org/reference/deadline.asp)\>,
    (visited December 11, 2006), *see also Request for Review by
    Marshall County School District, Federal-State Joint Board on
    Universal Service, Changes to the Board of Directors of the National
    Exchange Carrier Association, Inc.,* File No. USAC-220105, CC Docket
    Nos. 96-45 and 97-21, Order, 18 FCC Rcd 4520, 4522, para. 6
    (Wireline Comp. Bur. 2003).

[^5]: *See* Appendix.

[^6]: *See* Request for Review by Alice Ward Memorial Library; Request
    for Review by Bais Yaakov High School of Chicago; Request for Review
    by Canon City Schools; Request for Review by Cleora Public School;
    Request for Review by Cotulla Independent School District; Request
    for Review by Diboll Independent School District; Request for Review
    by Evangelical Children's Home; Request for Review by Fairfax School
    District; Request for Review by Fairland Public Schools; Request for
    Review by Glassboro Public School District; Request for Review by
    Grass Lake Community School District; Request for Review by
    Lubavitch Yeshiva of Minnesota-Wexler Learning Institute; Request
    for Review by Marvin L. Winans Academy of Performing Arts; Request
    for Review by Pleasantville School District; Request for Review by
    Toras Imecha; Request for Review by Vicksburg Warren School
    District; and Request for Review by Yeshiva Beth Yitzchok D'Spinka.

[^7]: *See* Request for Review by Beaver Area School District; Request
    for Review by Berrien County Schools; Request for Review by Boone
    County School District; Request for Review by Brewster Central
    School District; Request for Review by Charleston County School
    District; Request for Review by Cherry Creek Schools; Request for
    Review by Colegio Dr. Roque Diaz; Request for Review by
    Delta-Schoolcraft Intermediate School District; Request for Review
    by Devereux Foundation; Request for Review by DINE Southwest High
    School; Request for Review by District of Columbia Public Schools;
    Request for Review by East Cleveland School District; Request for
    Review by Eastern Upper Peninsula Independent School District;
    Request for Review by East Orange Community Charter School; Request
    for Review by Educational Institute Oholei Torah; Request for Review
    by Florence City School District; Request for Review by Franklin
    Township School District; Request for Review by Greater Johnstown
    AVTS; Request for Review by Jennings County Schools; Request for
    Review by Lake Erie Educational Computer Association; Request for
    Review by Leominster Public Schools; Request for Review by Long
    Valley Charter School; Request for Review by Lynd Public School;
    Request for Review by Madison-Oneida Board of Cooperative
    Educational Services; Request for Review by Madison-Plains Local
    School District; Request for Review by The Mesorah School; Request
    for Review by The Mill School; Request for Review by Milltown School
    District; Request for Review by Montezuma-Cortez School District
    RE-1; Request for Review by Oak Hills Local School District; Request
    for Review by Oakland Unified School District; Request for Review by
    Petersburg Independent School District; Request for Review by Point
    Pleasant Schools; Request for Review by Rylie Family Faith Academy
    Consortium; Request for Review by Silo Public Schools; Request for
    Review by St. John's County School District; Request for Review by
    Saint Martin de Porres Church; Request for Review by Taft School
    District; Request for Review by Wellsville Local School District;
    Request for Review by Winn Parish School District; and Request for
    Review by Youthbuild Albuquerque.

[^8]: *See* Request for Review by Bethlehem Area School District;
    Request for Review by De Soto Unified School District 232; and
    Request for Review by University Academy.

[^9]: *See* Request for Review by Alpaugh Unified School District;
    Request for Review by Crockett Independent School District; Request
    for Review by Cypress Heights Academy; Request for Review by Griffin
    Foundation Inc.; Request for Review by Jessamine County Schools;
    Request for Review by Oberlin Unified School District No. 294;
    Request for Review by Pelham City Public Schools; Request for Review
    by Perry Unified School District 343; and Request for Review by
    Scranton School District.

[^10]: *Request for Review of the Decision of the Universal Service
    Administrator by Bishop Perry Middle School, Schools and Libraries
    Universal Service Support Mechanism,* File Nos. SLD-487170, *et
    al.*, CC Docket No. 02-6, Order, 21 FCC Rcd 5316, 5319, para. 9
    (rel. May 19, 2006) (*Bishop Perry Middle School*).

[^11]: 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.

[^12]: We estimate that the appeals granted in this Order involve
    applications for approximately \$45 million in funding for Funding
    Years 2000-2006. We note that USAC has already reserved sufficient
    funds to address outstanding appeals. *See, e.g.,* Universal Service
    Administrative Company, Federal Universal Service Support Mechanisms
    Fund Size Projections for the Second Quarter 2007 (dated Jan. 31,
    2007).

[^13]: We note that the Commission has initiated a proceeding to address
    whether particular deadlines should be modified. *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, FCC 05-124, para. 29 (2005) (*Comprehensive Review
    NPRM*).

[^14]: Applicants will be presumed to have received notice five days
    after such notice is postmarked by USAC. USAC shall continue,
    however, to work beyond the 15 days with applicants attempting in
    good faith to submit the necessary documentation.