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 Federal  Communications  Commission  DA  01-  285 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 St.  Stanislaus  Kostka  Grade  School  )  File  No.  SLD-  142493 
 Chicago,  Illinois  ) 
 ) 
 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:  February  2,  2001  Released:  February  5,  2001 
 By  the  Common  Carrier  Bureau: 
 1.  The  Common  Carrier  Bureau  has  under  consideration  a  Letter  of  Appeal  by  St. 
 Stanislaus  Kostka  School  (St.  Stanislaus),  Chicago,  Illinois  filed  on  May  15,  2000,  seeking 
 review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service 
 Administrative  Company  (USAC  or  Administrator).  1  St.  Stanislaus  seeks  review  of  SLD’s 
 denial  of  its  application  for  discounts  for  Internet  access  under  the  schools  and  libraries  universal 
 service  support  mechanism.  2  For  the  reasons  set  forth  below,  we  grant  St.  Stanislaus’  appeal  and 
 remand  St.  Stanislaus’  funding  application  to  SLD  for  further  determination  in  accordance  with 
 this  Order. 


 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 
 By  letter  dated  October  19,  1999,  SLD  informed  St.  Stanislaus  that  St.  Stanislaus’  request  for 
 internet  access  was  denied  because  St.  Stanislaus  had  not  provided  sufficient  documentation  to 


 1  Letter  from  Sister  Susan  Curtin,  St.  Stanislaus  Kostka  Grade  School,  to  Federal  Communications  Commission, 
 filed  May  15,  2000  (Letter  of  Appeal). 
 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). 
 3  47  C.  F.  R.  §§  54.  502,  54.  503. 
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 Federal  Communications  Commission  DA  01-  285 
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 determine  the  eligibility  of  the  request.  4  In  response,  St.  Stanislaus  filed  an  appeal  with  SLD  on 
 November  19,  1999.  5  On  April  14,  2000,  SLD  affirmed  its  initial  funding  decision  and  denied 
 St.  Stanislaus’  appeal.  6  St.  Stanislaus  subsequently  filed  the  instant  Letter  of  Appeal  with  the 
 Commission. 


 3.  St.  Stanislaus  appeals  SLD’s  decision  to  deny  its  funding  request  based  on  SLD’s 
 determination  that  St.  Stanislaus  failed  to  provide  additional  information  to  support  its 
 application.  St.  Stanislaus  maintains  that  it  attempted  to  provide  the  necessary  documentation  to 
 SLD,  but  SLD  failed  to  specify  what  additional  information  was  required  for  the  application. 
 We  have  reviewed  the  record,  and  we  conclude  that  the  record  does  not  show  that  SLD 
 adequately  communicated  the  nature  of  the  requested  information  to  St.  Stanislaus.  Accordingly, 
 we  remand  St.  Stanislaus’  application  to  SLD  for  further  consideration.  7 


 4.  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  St.  Stanislaus  Kostka  School,  Chicago,  Illinois  on  May  15, 
 2000  IS  GRANTED  to  the  extent  provided  herein.  We  direct  the  Schools  and  Libraries  Division 
 to  review  St.  Stanislaus’  funding  application  and,  if  warranted,  to  issue  a  revised  Funding 
 Commitment  Decision  Letter  in  accordance  with  the  above-  stated  decision. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Carol  E.  Mattey 
 Deputy  Chief,  Common  Carrier  Bureau 


 4  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Co.,  to  Timothy  McGinness,  St. 
 Stanislaus  Kostka  School,  dated  October  19,  1999. 
 5  Letter  from  Sister  Susan  Curtin,  Principal,  St.  Stanislaus  Kostka  Grade  School,  to  Schools  and  Libraries  Division, 
 Universal  Service  Administrative  Co.,  dated  November  16,  1999. 
 6  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Co.,  to  Sister  Susan  Curtin,  St. 
 Stanislaus  Kostka,  dated  April  14,  2000. 
 7  We  do  not  suggest  that  the  circumstances  require  a  decision  in  St.  Stanislaus’  favor,  but  find  only  that  under  the 
 circumstances,  SLD’s  failure  to  explain  the  basis  for  its  request  requires  remand. 
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