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 Federal  Communications  Commission  DA  01-  45 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Baldwin  Public  Library  )  File  No.  SLD-  140060 
 Baldwin,  New  York  ) 
 ) 
 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:  January  9,  2001  Released:  January  10,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  (Division)  has  under  consideration  a  Letter  of 
 Appeal  filed  by  Baldwin  Public  Library  (Baldwin),  Baldwin,  New  York,  on  May  31,  2000.  1 
 Baldwin  requests  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the 
 Universal  Service  Administrative  Company  to  deny  Baldwin’s  application  for  discounted 
 services  under  the  schools  and  libraries  universal  service  support  mechanism.  2  For  the  reasons 
 set  forth  below,  we  deny  the  Letter  of  Appeal  and  affirm  SLD’s  denial  of  Baldwin’s  application. 


 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  The 
 Commission’s  rules  provide  that,  with  one  limited  exception  for  existing,  binding  contracts,  an 
 eligible  school,  library  or  consortium  that  includes  eligible  schools  or  libraries  must  seek 


 1  Letter  from  Barbara  Hopkins,  Baldwin  Public  Library,  to  the  Federal  Communications  Commission,  filed  May  31, 
 2000  (Letter  of  Appeal). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Barbara  Hopkins, 
 Baldwin  Public  Library,  dated  August  31,  1999  (Funding  Commitment  Decision  Letter);  Letter  from  Schools  and 
 Libraries  Division,  Universal  Service  Administrative  Company,  to  Barbara  Hopkins,  Baldwin  Public  Library,  dated 
 May  1,  2000  (Administrator’s  Decision  on  Appeal). 


 3  47  C.  F.  R.  §§  54.  502,  54.  503. 
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 Federal  Communications  Commission  DA  01-  45 
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 competitive  bids  for  all  services  eligible  for  support.  4  In  accordance  with  the  Commission’s 
 rules,  an  applicant  must  file  with  SLD,  for  posting  to  its  website,  an  FCC  Form  470  requesting 
 services.  5  The  applicant  must  wait  28  days  before  entering  into  an  agreement  with  a  service 
 provider  for  the  requested  services  and  submitting  an  FCC  Form  471  requesting  support  for  the 
 services  ordered  by  the  applicant.  6  Further,  the  instructions  for  the  FCC  Form  471  state  that  the 
 date  of  signature  for  the  FCC  Form  471  “CANNOT  be  earlier  than  the  29th  day  following  the 
 posting  of  the  associated  FCC  Form  470  to  the  [SLD]  Web  Site.”  7 


 3.  Upon  review  of  the  record,  the  Division  concludes  that  SLD  correctly  denied 
 Baldwin’s  request  for  support.  Baldwin  signed  its  FCC  Form  471  on  February  9,  1999,  prior  to 
 its  allowable  contract  date  of  March  22,  1999.  A  signature  date  on  an  FCC  Form  471  or  on  a 
 service  provider  agreement  that  predates  the  expiration  of  the  28-  day  posting  period  indicates 
 that  the  applicant  failed  to  wait  28  days  before  entering  into  an  agreement  with  a  service  provider 
 and  therefore  violated  the  Commission’s  competitive  bidding  rules.  8  The  Common  Carrier 
 Bureau  has  consistently  denied  requests  for  review  by  applicants  that  had  similarly  violated  the 
 Commission’s  competitive  bidding  rules.  9  The  Division,  therefore,  denies  Baldwin’s  Letter  of 
 Appeal. 


 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  Baldwin  Public  Library,  Baldwin,  New  York,  on  May  31,  2000,  IS 
 DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 


 4  47  C.  F.  R.  §§  54.  504,  54.  511(  c). 
 5  See  Schools  and  Libraries  Universal  Service,  Description  of  Services  Requested  and  Certification  Form,  OMB 
 3060-  0806  (FCC  Form  470). 
 6  47  C.  F.  R.  §  54.  504(  c);  see  Schools  and  Libraries  Universal  Service,  Services  Ordered  and  Certification  Form, 
 OMB  3060-  0806  (FCC  Form  471). 
 7  Instructions  for  Completing  the  Schools  and  Libraries  Universal  Service  Services  Ordered  and  Certification  Form 
 (December  1998)  at  24  (FCC  Form  471  Instructions). 
 8  See  Minor  High  School,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  00-  1612  (rel.  July  20,  2000),  para.  5. 


 9  See  Cathedral  Grade  School,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  99-  2953  (rel.  December  21,  1999); 
 Currituck  County  Schools,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  00-  625  (rel.  March  23,  2000);  Gustine 
 Independent  School  District,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  99-  2534  (rel.  November  16,  1999). 
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