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 Federal  Communications  Commission  DA  02-  2352 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Request  for  Review  by 
 Department  of  Education  for  the  Commonwealth  of  Virginia 

 )  ) 
 )  ) 
 )  ) 
 ) 
 SLD  File  Nos.  at  Appendix  A 

 Federal-  State  Joint  Board  on  Universal  Service 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Associations,  Inc. 
 )  ) 
 )  ) 
 )  ) 

 CC  Docket  No.  96-  45 
 CC  Docket  No.  97-  21 

 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 
 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  Commissions  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. 
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 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  Commissions  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  Commissions  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  DOEs 
 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  DOEs  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  Commissions  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  Commissions  rules  applies 

 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. 
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 to  all  such  requests  for  review  filed  by  a  party  affected  by  a  decision  issued  by  the  Administrator.  12  SLDs  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  DOEs  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 

 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,  Whats  New  (November  2,  2000) 
 <http://  www.  sl/  universalservice.  org/  whatsnew/  110200.  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; 
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 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 

 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. 
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 APPENDIX  A 
 Applicant:  Application  Number: 

 Prince  William  County  Government  270104  Falls  Church  City  School  District  239181 
 Timber  Ridge  Res.  Treatment  Center  260964  255954 
 255882  256005 
 256035  256073 
 255762 

 Patrick  County  School  District 

 260030  Nelson  County  School  District  259645 
 261325  Northumberland  Public  Library  261383 
 King  William  School  District  261548  Martinsville  School  District  261285 
 Corpus  Christi  Elementary  School  261162  Essex  County  School  District  262784 
 Southwestern  Virginia  Governors  School  243642  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  District  217919  Norfolk  Collegiate  School  231117 
 Powhatan  School  236216  252298  Meherrin  Regional  Library 
 252525  Botetourt  County  School  District  237614 
 Alleghany  Highlands  School  District  257127  Williamsburg  Regional  Library  252376 
 Surry  County  School  District  256402  Goochland  County  Public  Schools  260330 
 Isle  of  Wight  County  School  District  267220  267922  Accomack  County  School  District 
 275590  VSDBM-  H  269175 
 Brunswick  County  School  District  271956  279752  Sacred  Heart  School 
 279792  Newport  News  Public  Schools  265027 
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 Appendix  B    Moot  Appeals 
 Applicant:  Application  Number: 

 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 
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 Appendix  C    Untimely  Appeals 
 Applicant:  Application  Number: 
 Prince  William  County  Government  270104  Falls  Church  City  School  District  239181 
 Timber  Ridge  Res.  Treatment  Center  260964  255954 
 255882  256005 
 256035  256073 
 255762 

 Patrick  County  School  District 

 260030  Nelson  County  School  District  259645 
 261325  Northumberland  Public  Library  261383 
 King  William  School  District  261548  Martinsville  School  District  261285 
 Corpus  Christi  Elementary  School  261162  Essex  County  School  District  262784 
 Southwestern  Virginia  Governors  School  243642  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  District  257127  Isle  of  Wight  County  School  District  267220 
 267922  Accomack  County  School  District  275590 
 VSDBM-  H  269175  Brunswick  County  School  District  271956 
 279752  Sacred  Heart  School  279792 
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