**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | SLD File Nos. at Appendix A  |
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| Request for Review by            | ** |                              |
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| Department of Education for the  | *  |                              |
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| Commonwealth of Virginia         | ** |                              |
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| Federal-State Joint Board on     | *  | CC Docket No. 96-45          |
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| Universal Service                | ** | CC Docket No. 97-21          |
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| Changes to the Board of          | *  |                              |
| Directors of the                 | *) |                              |
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| National Exchange Carrier        |    |                              |
| Associations, Inc.               | *  |                              |
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**ORDER**

**Adopted: September 19, 2002 Released: September 20, 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 the Department of
    Education for the Commonwealth of Virginia (Virginia DOE), on behalf
    of 31 Funding Year 2001 applicants to the schools and libraries
    universal service support mechanism.[^1] Specifically, Virginia DOE
    requests review of a determination by the Schools and Libraries
    Division of the Universal Service Administrative Company
    (Administrator) to reject the Funding Year 2001 applications without
    review.[^2] Virginia DOE asserts that it is inconceivable that so
    many Virginia applicants failed to follow filing procedures.[^3] For
    the reasons set forth below, with respect to some applicants, we
    dismiss the Request for Review as moot. For most of the remaining
    applicants, we dismiss the Request for Review as untimely. For four
    applicants, Powhatan School, Botetourt County School District, Isle
    of Wight County School District, and Newport News Public Schools, we
    deny the Request for Review on the merits.

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.[^4] In order to receive discounts on eligible services,
    the Commission's rules require that the applicant submit to the
    Administrator a completed FCC Form 470, in which the applicant sets
    forth its technological needs and the services for which it seeks
    discounts.[^5] 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.[^6] In the FCC Form 471
    instructions, SLD has clearly set forth its standards for processing
    a FCC Form 471 application.[^7] Specifically, the FCC Form 471
    instructions state that if a school or library does not provide the
    information requested, "the processing of your application may be
    delayed or your application may be returned to you without
    action."[^8]

3.  We have reviewed the applications at issue. We find that seven
    applications were accepted by SLD and have received Funding
    Commitment Decision Letters.[^9] Virginia DOE's request for review
    of the rejection of these applications is therefore moot, and we
    dismiss the Request for Review in connection with these applications
    accordingly.

4.  We find that Virginia DOE's Request for Review is untimely with
    regard to most of the remaining applications. For requests seeking
    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.[^10] Documents are considered
    to be filed with the Commission or SLD only upon receipt.[^11] 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.[^12] SLD's
    records indicate that the applicants listed in Appendix C were
    issued postcards between July 6, 2001 and July 13, 2001 rejecting
    their applications because they were received out of window.[^13]
    Virginia DOE's September 5, 2001 appeal is more than 30 days after
    the issuance of these decisions, and is therefore untimely.

5.  With regard to three of the applications, filed by Powhatan School,
    Botetourt County School District, and Newport News Public Schools,
    we deny the Request for Review on the merits. In order to have
    successfully completed the submission of the FCC Form 471
    application in Funding Year 2001, applicants who filed
    electronically must have also completed and mailed to SLD the Item
    21 description of services, and a paper copy of the Block 6
    certification, the latter of which applicants must also have
    signed.[^14] A commitment of support is contingent upon the timely
    filing of the applicants' completed FCC Form 471.[^15] Prior to
    Funding Year 2001, the deadline by which these items had to be
    received by SLD to be considered within the window was later than
    the deadline for the filing of the FCC Form 471, so that applicants
    could file electronically on the last day of the filing window, and
    mail their certifications and attachments thereafter. However,
    because in previous years the delivery of a number of applications
    was significantly delayed by the United States Postal Service, SLD,
    starting in Funding Year 2001, directed that all FCC Forms 471 would
    be deemed filed when postmarked, rather than when received by
    SLD.[^16] This procedural change protects applicants from excessive
    mail delays. Consequently, SLD notified all potential applicants
    that all Block 6 certifications and Item 21 attachments must also be
    postmarked no later than the close of the filing deadline.[^17]

6.  The applications of the three remaining applicants were initially
    rejected by SLD because they lacked Item 21 attachments.[^18]
    Subsequently, SLD sent a letter to each applicant noting that the
    Item 21 attachments were missing from the file and allowing the
    applicant to submit the Item 21 attachments again within 30 days if
    it certified that the attachments were sent before the filing
    deadline closed.[^19] The applicants failed to submit the Item 21
    attachments by the end of the 30-day deadline, and were issued
    letters notifying them that their applications were denied for
    failing to meet the Funding Year 2001 Form 471 filing
    requirements.[^20] In light of these facts, we find that the four
    applicants failed to complete their applications. The Request for
    Review on behalf of Powhatan School, Botetourt County School
    District, Isle of Wight County School District, and Newport News
    Public Schools is therefore denied.

7.  ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under
    sections 0.91, 0.291, and 54.722(a) of the Commission\'s rules, 47
    C.F.R. §§ 0.91, 0.291, and 54.722(a), that the Request for Review
    filed by Department of Education of the Commonwealth of Virginia, on
    September 5, 2001, IS DISMISSED in part and DENIED in part.

    FEDERAL COMMUNICATIONS COMMISSION

> Mark G. Seifert
>
> Deputy Chief,Telecommunications Access Policy Division

Wireline Competition Bureau

**APPENDIX A**

**[Applicant:]{.underline} [Application Number:]{.underline}**

  ---------------------------------- ----- -------------------------------
  Prince William County Government         270104

  Falls Church City School District        239181

  Timber Ridge Res. Treatment Center       260964

  Patrick County School District           255954

                                           255882

                                           256005

                                           256035

                                           256073

                                           255762

                                           260030

  Nelson County School District            259645

  Northumberland Public Library            261325

                                           261383

  King William School District             261548

  Martinsville School District             261285

  Corpus Christi Elementary School         261162

  Essex County School District             262784

  Southwestern Virginia Governors          243642
  School                                   

  Notre Dame Academy School                229710

  St. Timothy School                       249166

  Lancaster County School District         264743

  Danville Public Library                  249567

  St. William of York School               275097

  Colonial Heights Public School           217919
  District                                 

  Norfolk Collegiate School                231117

  Powhatan School                          236216

  Meherrin Regional Library                252298

                                           252525

  Botetourt County School District         237614

  Alleghany Highlands School               257127
  District                                 

  Williamsburg Regional Library            252376

  Surry County School District             256402

  Goochland County Public Schools          260330

  Isle of Wight County School              267220
  District                                 

  Accomack County School District          267922

                                           275590

  VSDBM-H                                  269175

  Brunswick County School District         271956

  Sacred Heart School                      279752

                                           279792

  Newport News Public Schools              265027
  ---------------------------------- ----- -------------------------------

**Appendix B -- Moot Appeals**

**[Applicant:]{.underline} [Application Number:]{.underline}**

Colonial Heights Public School District 271919

Norfolk Collegiate School 231117

Meherrin Regional Library 252598, 252525

Williamsburg Regional Library 252376

Surry County School District 256402

Goochland County Public School 260330

**Appendix C -- Untimely Appeals**

**[Applicant:]{.underline} [Application Number:]{.underline}**

  ---------------------------------- ----- -------------------------------
  Prince William County Government         270104

  Falls Church City School District        239181

  Timber Ridge Res. Treatment Center       260964

  Patrick County School District           255954

                                           255882

                                           256005

                                           256035

                                           256073

                                           255762

                                           260030

  Nelson County School District            259645

  Northumberland Public Library            261325

                                           261383

  King William School District             261548

  Martinsville School District             261285

  Corpus Christi Elementary School         261162

  Essex County School District             262784

  Southwestern Virginia Governors          243642
  School                                   

  Notre Dame Academy School                229710

  St. Timothy School                       249166

  Lancaster County School District         264743

  Danville Public Library                  249567

  St. William of York School               275097

  Alleghany Highlands School               257127
  District                                 

  Isle of Wight County School              267220
  District                                 

  Accomack County School District          267922

                                           275590

  VSDBM-H                                  269175

  Brunswick County School District         271956

  Sacred Heart School                      279752

                                           279792
  ---------------------------------- ----- -------------------------------

[^1]: Letter from Greg Weisiger, Department of Education, Commonwealth
    of Virginia, to the Federal Communications Commission, filed
    September 5, 2001 (Request for Review). The Applicants are listed in
    Appendix A. Virginia DOE has also appealed on behalf of Winchester
    Public Schools, but this applicant is addressed in a separate order.
    *Request for Review by Winchester 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-259624, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd 4192
    (Wireline Comp. Bur. 2002). 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 which begins on July 1, 2001 and ends on June 30,
    2002, previously known as Funding Year 4, is now called Funding Year
    2001.

[^2]: *See* Request for Review*.* 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).

[^3]: Request for Review at 2.

[^4]: 47 C.F.R. §§ 54.501--54.503.

[^5]: 47 C.F.R. § 54.504(b)(1), (b)(3).

[^6]: 47 C.F.R. § 54.504(c).

[^7]: Instructions for Completing the Schools and Libraries Universal
    Service, Services Ordered and Certification Form (FCC Form 471), OMB
    3060-0806 (October 2000) (Form 471 Instructions). *See also* 47
    C.F.R. § 54.504(c).

[^8]: Form 471 Instructions at 2.

[^9]: *See* Letter from Schools and Libraries Division, Universal
    Service Administrative Company, to Charlome Pierce, Surry County
    School District, dated July 23, 2001 (Application No. 256402);
    Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Brett Charbeneau, Williamsburg Regional
    Library, dated October 31, 2001 (Application No. 252376); Letter
    from Schools and Libraries Division, Universal Service
    Administrative Company, to Rozalyn Klein, Norfolk Collegiate School,
    dated July 23, 2001 (Application No. 231117); Letter from Schools
    and Libraries Division, Universal Service Administrative Company, to
    Jeann Riedl, Meherrin Regional Library, dated November 16, 2001
    (Application No. 252298); Letter from Schools and Libraries
    Division, Universal Service Administrative Company, to Jeann Riedl,
    Meherrin Regional Library, dated November 16, 2001 (Application No.
    252525); Letter from Schools and Libraries Division, Universal
    Service Administrative Company, to M. Kenneth Wright, Colonial
    Heights Public School District, dated December 4, 2001 (Application
    No. 217919); and Letter from Schools and Libraries Division,
    Universal Service Administrative Company, to Thomas M. DeWeerd,
    Goochland County Public Schools, dated March 15, 2002 (Application
    No. 260330). The applicants and associated applications are also
    listed in Appendix B.

[^10]: 47 C.F.R. § 54.720(b).

[^11]: 47 C.F.R. § 1.7.

[^12]: Due to disruptions in the reliability of the mail service last
    year, 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 postcard
    decisions on appeal were issued before August 13, 2002, the extended
    appeal period does not apply to the applicants listed in Appendix C.

[^13]: *See* Appendix C.

[^14]: Block 6 is the section of the FCC Form 471 where applicants must
    sign the form and make certifications required under program rules.
    *See* Schools and Libraries Universal Service, Services Ordered and
    Certification Form, OMB 3060-0806 (October 2000).

[^15]: Form 471 Instructions at 3-6.

[^16]: *See* SLD website, What's New (November 2, 2000)
    \<[http://www.sl/universalservice.org/whatsnew/110200.asp#110200](http://www.sl/universalservice.org/whatsnew/112000.asp#110200)\>.

[^17]: *Id.*

[^18]: *See* Postcard from Schools and Libraries Division, Universal
    Service Administrative Company, to Sister Elizabeth, Powhatan
    School, dated August 6, 2001; Postcard from Schools and Libraries
    Division, Universal Service Administrative Company, to H.W. Scott,
    Botetourt County School District, dated August 6, 2001; Postcard
    from Schools and Libraries Division, Universal Service
    Administrative Company, to Postcard from Schools and Libraries
    Division, Universal Service Administrative Company, to Gaddis Key,
    Newport News Public Schools, dated August 6, 2001;

[^19]: *See* Letter from Schools and Libraries Division, Universal
    Service Administrative Company, to Sister Elizabeth, Powhatan
    School, dated October 25, 2001; Letter from Schools and Libraries
    Division, Universal Service Administrative Company, to H.W. Scott,
    Botetourt County School District, dated October 25, 2001; Letter
    from Schools and Libraries Division, Universal Service
    Administrative Company, to Gaddis Key, Newport News Public Schools,
    dated October 25, 2001.

[^20]: *See* Letter from Schools and Libraries Division, Universal
    Service Administrative Company, to Sister Elizabeth, Powhatan
    School, dated March 13, 2002; Letter from Schools and Libraries
    Division, Universal Service Administrative Company, to H. W. Scott,
    Botetourt County School District, dated March 13, 2002; Letter from
    Schools and Libraries Division, Universal Service Administrative
    Company, to Gaddis Key, Newport News Public Schools, dated March 14,
    2002.