*Pages 1--2 from Microsoft Word - 5499.doc* Federal Communications Commission DA 00- 2806 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Caddo Independent School District 5 ) File No. SLD- 118160 Caddo, Oklahoma ) ) Federal- State Joint Board on ) CC Docket No. 96- 45 Universal Service ) ) Changes to the Board of Directors of the ) CC Docket No. 97- 21 National Exchange Carrier Association, Inc. ) ORDER Adopted: December 13, 2000 Released: December 14, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Caddo Independent School District 5 (Caddo), Caddo, Oklahoma, on May 1, 2000, pursuant to section 54.719( c) of the Commission’s rules. 1 Caddo seeks review of a decision of the Schools and Libraries Division (SLD) of the Universal Service Administrative Company, denying in part Caddo’s request for funding of internal connection services. For the reasons discussed below, we grant the appeal in part and remand to SLD. 2. Caddo requests review of a decision by SLD to reduce the amount of Caddo’s funding request because SLD concluded that components of the request included support for an ineligible Wide Area Network (WAN). 2 As in Terral School District 3, SLD denied support for certain components despite their integration with routers deemed eligible for support by SLD. 3 1 Letter from Howard Kuchta, Kellogg Consulting, L. L. C. (on behalf of Caddo Independent School District 5), to the Federal Communications Commission, filed May 1, 2000 (Letter of Appeal). 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 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Howard Kuchta, Caddo Independent School District 5, dated October 5, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Howard Kuchta, Canute Independent School District 5, dated April 7, 2000 (Administrator’s Decision on Appeal). 3 Terral School District 3, CC Docket Nos. 96- 45 and 97- 21, Order, DA 00- 2123 (rel. September 19, 2000). 1 Federal Communications Commission DA 00- 2806 2 Consistent with Terral School District 3, and in the absence of an explanation by SLD of the basis for its decision, we conclude that the record does not support SLD’s finding of ineligibility. Accordingly, we shall remand to SLD for further consideration. 4 3. 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 appeal filed by the Caddo Independent School District 5, Caddo, Oklahoma, on May 1, 2000 IS GRANTED to the extent provided herein. We direct the Schools and Libraries Division to review Caddo’s funding application and, if warranted, to issue a revised Funding Commitment Decision Letter in accordance with the above- stated decision. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 4 As in Terral School District 3, we do not suggest that the circumstances require a decision in Canute’s favor, finding only that under the circumstances SLD’s failure to explain the basis for its decision requires remand. 2