**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File Nos. SLD-226039,        |
|                                  | *) | SLD-226107                   |
| Request for Review of the        | ** |                              |
|                                  |    | CC Docket No. 96-45          |
| Decision of the                  | *  |                              |
|                                  | *) | CC Docket No. 97-21          |
| Universal Service Administrator  | ** |                              |
| By                               |    |                              |
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| Weathersfield Local Schools      | *) |                              |
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| Mineral Ridge, Ohio              |    |                              |
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| Federal-State Joint Board on     | *) |                              |
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| Universal Service                |    |                              |
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| Changes to the Board of          | *) |                              |
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| National Exchange Carrier        | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: September 24, 2002 Released: September 25, 2002**

By the Telecommunications Access Policy Division, Wireline Competition
Bureau:

1.  The Telecommunications Access Policy Division has under
    consideration a Request for Review filed by Weathersfield Local
    Schools (Weathersfield), Mineral Ridge, Ohio.[^1] Weathersfield
    requests review of decisions by the Schools and Libraries Division
    (SLD) of the Universal Service Administrative Company
    (Administrator) relating to Weathersfield's two applications for
    discounted services under the schools and libraries universal
    service support mechanism for Funding Year 2001.[^2] For the reasons
    discussed below, we dismiss in part and deny in part Weathersfield's
    Request for Review.

2.  Under the schools and libraries universal service support mechanism,
    eligible schools, libraries, and consortia that include eligible
    schools and libraries, may apply for discounts for eligible
    telecommunications services, Internet access, and internal
    connections.[^3] In order to receive discounts on eligible services,
    the Commission's rules require that the applicant submit to SLD a
    completed FCC Form 470, in which the applicant sets forth its
    technological needs and the services for which it seeks
    discounts.[^4] This form is posted to the Administrator's website
    for all competing service providers to review.[^5] Applicants may
    file the FCC Form 470 electronically, but must print out and mail in
    a certification page (Block 5 of the form) before the close of the
    filing window for the FCC Form 471.[^6] The Administrator will post
    an electronically filed Form 470 on its website prior to receipt of
    the Form 470 certification. However, if the certification is not
    received by the close of the filing window, the Administrator will
    deny all Forms 471 that cite to that Form 470.[^7] Once the
    applicant has complied with the Commission's competitive bidding
    requirements and entered into agreements for eligible services, the
    applicant must submit a completed FCC Form 471 application to the
    Administrator.[^8] Among other things, this Form 471 must state
    which Form 470 solicited the bids from which the final contracts
    were chosen. This is commonly referred to as the "establishing Form
    470."

3.  The Commission's rules direct the Administrator to implement an
    initial filing period ("filing window") for the FCC Form 471
    applications that treats all schools and libraries filing within
    that period as if their applications were simultaneously filed.[^9]
    Applications that are received outside of this filing window are
    subject to separate funding priorities under the Commission's
    rules.[^10] It is to all applicants' advantage, therefore, to ensure
    that the Administrator receives their applications prior to the
    close of the filing window.

4.  Weatherfield filed its FCC Form 470 No. 690530000305246 (Form 470
    No. 5246) online, and SLD posted it on November 8, 2000.[^11] On
    November 13, 2000, SLD notified Weathersfield that it had received
    FCC Form 470 No. 5246 but not the certification for it.[^12] On
    January 2, 2001, Weathersfield filed two FCC Forms 471, SLD-226107
    and SLD-226039, both citing FCC Form 470 No. 5246 as the
    establishing FCC Form 470.[^13] On April 20, 2001, SLD contacted
    Weathersfield by telephone and confirmed that both FCC Forms 471
    were based upon that FCC Form 470.[^14] By letter dated July 23,
    2001, SLD denied Weathersfield discounts for both of its FCC Form
    471 applications, on the grounds that it had failed to receive a
    timely certification for the establishing FCC Form 470.[^15]

5.  On August 10, 2001, Weathersfield filed an appeal with SLD of the
    July 23, 2001 decision regarding application SLD-226107, but did not
    appeal SLD's decision to deny discounts for application
    SLD-226039.[^16] On January 21, 2002, SLD issued a decision
    affirming its determination to deny application SLD-226107 because
    it did not receive a related FCC Form 470 certification from
    Weathersfield.[^17] Weathersfield filed the instant Request for
    Review with the Commission on February 19, 2002.[^18]

6.  In the instant appeal, Weathersfield challenges SLD's decision to
    deny discounts for application SLD-226107.[^19] Weathersfield argues
    that according to SLD's web site, the certification for the relevant
    FCC Form 470 was received November 13, 2000, and that on November
    20, 2000, the Administrator wrote Weathersfield and stated that the
    appropriate certification had been received.[^20] The information
    cited by Weathersfield verifies the timely certification of FCC Form
    470 No. 831610000308353 (Form 470 No. 8353), whereas SLD denied
    discounts based on the absence of certification for FCC Form 470 No.
    5246.[^21]

7.  Weathersfield also appeals SLD's decision to deny discounts for
    application SLD-226039.[^22] It contends that it mailed the FCC Form
    470 certification in the same envelope as the certification for FCC
    Form 470 No. 8353.[^23]

8.  As an initial matter, we dismiss as untimely Weathersfield's Request
    for Review as it relates to application SLD-226039. For requests for
    review of decisions issued before August 13, 2001, under section
    54.720(b) of the Commission's rules, an appeal must be filed with
    the Commission or SLD within 30 days of the issuance of the decision
    that the party seeks to have reviewed.[^24] Documents are considered
    to be filed with the Commission or SLD only upon receipt.[^25] The
    30-day deadline contained in section 54.720(b) of the Commission's
    rules applies to all such requests for review filed by a party
    affected by a decision issued by the Administrator.[^26] In its
    February 19, 2002 Request for Review, Weathersfield appeals SLD's
    decisions to deny discounts both for applications SLD-226039 and
    SLD-226107.[^27] However, SLD's decision to deny application
    SLD-226039 was issued on July 23, 2001. Therefore, Weathersfield's
    February 19, 2002 Request for Review is untimely as to application
    SLD-226039. Because Weathersfield failed to file an appeal regarding
    SLD-226039 with either SLD or the Commission of the July 23, 2001
    Funding Commitment Decision Letter within the requisite 30-day
    appeal period, we dismiss the instant Request for Review as it
    relates to that application.

9.  Secondly, we affirm SLD's decision to deny discounts for application
    SLD-226107. Weathersfield indicates its belief that FCC Form 470 No.
    8353, for which SLD received a certification, is the establishing
    FCC Form 470 for application SLD-226107.[^28] However, the record
    reflects that FCC Form 470 No. 5246 is the Form 470 that is the
    basis for SLD-226107.[^29] When Weathersfield submitted application
    SLD-226107 to SLD, it listed FCC Form 470 No. 5246 as the relevant
    FCC Form 470.[^30] In addition, SLD contacted the applicant and
    confirmed that FCC Form 470 No. 5246 was the establishing Form 470
    for application SLD-226107.[^31] Weathersfield fails to provide any
    evidence demonstrating that it submitted the certification for FCC
    Form 470 No. 5246. Weathersfield's claim is insufficient to raise an
    issue of error on the part of SLD.[^32]

10. Signature certifications ultimately satisfy the program's policy
    objective of binding the applicants and service providers to the
    program requirements. The signature certification requirement is
    essential in that it protects the program from fraud and waste,
    serves as an additional means of holding applicants accountable for
    their representations, and assists in the efficient administration
    of the program. By failing to submit a signature certification,
    Weathersfield omitted the legally binding act that signifies
    compliance with program rules. In light of the thousands of
    applications that SLD must review and process each funding year, we
    believe it administratively appropriate for SLD to require
    applicants to adhere strictly to its filing deadlines and
    requirements. Weathersfield has failed to demonstrate the merits of
    its Request for Review. We therefore deny Weathersfield's request.

11. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under
    sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission\'s rules,
    47 C.F.R. §§ 0.91, 0.291, 1.3, and 54.722(a), that the Request for
    Review filed February 19, 2002 by Weathersfield Local Schools,
    Mineral Ridge, Ohio IS DISMISSED IN PART AND DENIED IN PART.

    FEDERAL COMMUNICATIONS COMMISSION

    Mark G. Seifert Deputy Chief, Telecommunications Access Policy
    Division Wireline Competition Bureau

[^1]: Letter from Weathersfield Local Schools, Mineral Ridge, Ohio, to
    Federal Communications Commission, filed February 19, 2002 (Request
    for Review).

[^2]: 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). In prior funding years, this funding period was referred
    to as Funding Year 4. Funding periods are now described by the year
    in which the funding period starts. Thus, the funding period that
    begins on July 1, 2002 and ends on June 30, 2002, previously known
    as Funding Year 4, is now called Funding Year 2001. Similarly, the
    funding period that begins on July 1, 2002 and ends on June 30,
    2003, previously known as Funding Year 5, is now called Funding Year
    2002, and so on.

[^3]: 47 C.F.R. §§ 54.502, 54.503.

[^4]: 47 C.F.R. § 54.504 (b)(1), (b)(3).

[^5]: 47 C.F.R. § 54.504(b).

[^6]: *See, e.g.,* SLD web site, What's New, "FCC Form 471 Window Opens
    for Year \[2001\] Applicants; New Filing Requirements Firmly
    Established,"

    (November 2, 2000)
    \<[http://www.sl.universalservice.org/whatsnew/112000.asp#110200]{.underline}\>.

[^7]: *See, e.g.,* SLD web site, What's New, "FCC Form 471 Window Opens
    for Year \[2001\] Applicants; New Filing Requirements Firmly
    Established,"

    (November 2, 2000)
    \<http[://www.sl.universalservice.org/whatsnew/112000.asp#110200]{.underline}\>;
    SLD web site, Reference Area, "Form 470 Minimum Processing Standards
    and Filing Requirements" (October 3, 2001)
    \<[http://www.sl.universalservice.org/reference/470mps.asp]{.underline}\>;
    SLD web site, Reference Area,\
    "Form 471 Minimum Processing Standards and Filing Requirements for
    FY \[2002\]" (October 3, 2001)
    \<\<<http://www.sl.universalservice.org/reference>[/471mps.asp]{.underline}\>.

[^8]: 47 C.F.R. § 54.504(c).

[^9]: 47 C.F.R. § 54.507(c).

[^10]: 47 C.F.R. § 54.507(g).

[^11]: FCC Form 470, Weathersfield Local Schools, filed November 8, 2000
    (Form 470 No. 5246).

[^12]: Letter from Schools and Libraries Division, Universal Service
    Administrative Co., to Greg Shepley, Weathersfield Local Schools,
    dated November 13, 2000 (Form 470 No. 5246 Receipt Acknowledgment
    Letter).

[^13]: FCC Form 471 No. SLD-226107, Weathersfield Local Schools, filed
    January 2, 2001; FCC Form 471 No. SLD-226039, Weathersfield Local
    Schools, filed January 2, 2001.

[^14]: Universal Service Administrative Co., Schools and Libraries
    Division, Program Integrity Assurance Application Activity Logs,
    Application Nos. 226107, 226309 (Activity Logs).

[^15]: Letter from Schools and Libraries Division, Universal Service
    Administrative Co., to Greg Shepley, dated July 23, 2001 (Funding
    Commitment Decision Letter).

[^16]: Letter from Greg Shepley, Weathersfield Local Schools, to Schools
    and Libraries Division, Universal Service Administrative Co., filed
    August 10, 2001 (Appeal to SLD).

[^17]: Letter from Schools and Libraries Division, Universal Service
    Administrative Co., to Greg Shepley, Weathersfield Local Schools,
    dated January 21, 2002 (Administrator's Decision on Appeal).

[^18]: Request for Review.

[^19]: Request for Review. This application deals with Funding Request
    Number (FRN) 521019.

[^20]: *Id.* at 1, Exhibit B (SLD web site showing information for FCC
    Form 470 No. 8353); *Id.* at 1, Exhibit C (Letter from Schools and
    Libraries Division, Universal Service Administrative Co., to Greg
    Shepley, dated November 20, 2000 (Form 470 Receipt Notification
    Letter for Form 470 No. 8353)).

[^21]: Request for Review at Exhibits B, C; Activity Logs;
    Administrator's Decision on Appeal.

[^22]: Request for Review. This application deals with Funding Request
    Number (FRN) 520998.

[^23]: *Id.*

[^24]: 47 C.F.R. § 54.720(b).

[^25]: 47 C.F.R. § 1.7.

[^26]: We note that, due to recent disruptions in the reliability of the
    mail service, the 30-day appeal period has been extended by an
    additional 30 days for requests seeking review of decisions issued
    on or after August 13, 2001. *See Implementation of Interim Filing
    Procedures for Filings of Requests for Review, Federal-State Joint
    Board on Universal Service*, CC Docket No. 96-45, Order, FCC 01-376
    (rel. Dec. 26, 2001), as corrected by *Implementation of Interim
    Filing Procedures for Filings of Requests for Review, Federal-State
    Joint Board on Universal Service*, CC Docket No. 96-45, Errata (Com.
    Car. Bur. rel. Dec. 28, 2001 and Jan. 4, 2002). Because the July 23,
    2001 Funding Commitment Decision Letter was issued before August 13,
    2001, the extended appeal period does not apply to Weathersfield,
    and even if it did, Weathersfield's Request for Review was submitted
    well after 60 days.

[^27]: Request for Review.

[^28]: Request for Review.

[^29]: *See* FCC Form 471 (SLD-226107), Weathersfield Local Schools,
    filed January 2, 2001.

[^30]: *See* *id*.

[^31]: Activity Logs.

[^32]: *See*, *e.g., In re Applications of Stephen E. Powell*,
    Memorandum Opinion and Order, 11 FCC Rcd 11925 (1996) (observing
    that "if the Commission were to entertain and accept unsupported
    arguments that letters mailed in Commission proceedings were not
    delivered . . . procedural havoc and abuse would result.").