*Pages 1--3 from Microsoft Word - 7336.doc* Federal Communications Commission DA 01- 607 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) New Brunswick Free Public Library ) File No. SLD- 135144 New Brunswick, New Jersey ) ) 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: March 7, 2001 Released: March 8, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division (Division) has under consideration a Request for Review filed by New Brunswick Free Public Library (New Brunswick), New Brunswick, New Jersey, on April 25, 2000. 1 New Brunswick requests review of a decision by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company denying New Brunswick’s application for discounted services under the schools and libraries universal service support mechanism. 2 For the reasons set forth below, we deny the Request for Review and affirm SLD’s denial of New Brunswick’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 1 Letter from Linda Kayser, New Brunswick Free Public Library, to Federal Communications Commission, filed April 25, 2000 (Request for Review). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated August 31, 1999 (Funding Commitment Decision Letter); Letter from Schools and Libraries Division, Universal Service Administrative Company, to Linda Kayser, New Brunswick Free Public Library, dated March 21, 2000 (Administrator’s Decision on Appeal). 3 47 C. F. R. §§ 54. 502, 54. 503. 1 Federal Communications Commission DA 01- 607 2 eligible school, library or consortium that includes eligible schools or libraries must seek 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, a 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 New Brunswick’s request for support. New Brunswick’s FCC Form 470 was posted on the SLD website on March 3, 1999. New Brunswick’s allowable contract date was on March 31, 1999. New Brunswick signed its FCC Form 471 prior to the allowable contract date on March 24, 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 New Brunswick’s Request for Review. 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), 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 Request for Review by Minor High School, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 139210, CC Docket Nos. 96- 45 and 97- 21, Order, 15 FCC Rcd 13790, 13792, para. 5 (Com. Car. Bur. 2000). 9 See Request for Review by Cathedral Grade School, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 87608, CC Docket Nos. 96- 45 and 97- 21, Order, DA 99- 2953 (Com. Car. Bur. rel. December 21, 1999); Request for Review by Currituck County Schools Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 111040, CC Docket Nos. 96- 45 and 97- 21, Order, 15 FCC Rcd 5564 (Com. Car. Bur. 2000); Request for Review by Gustine Independent School District, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 108651, CC Docket Nos. 96- 45 and 97- 21, Order, DA 99- 2534 (Com. Car. Bur. rel. November 16, 1999). 2 Federal Communications Commission DA 01- 607 3 that the Request for Review filed by the New Brunswick Free Public Library, New Brunswick, New Jersey, on April 25, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 3