*Pages 1--3 from Microsoft Word - 17616* Federal Communications Commission DA 02- 1105 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 Dodge Memorial Public Library District Tamms, Illinois Federal- State Joint Board on Universal Service Changes to the Board of Directors of the National Exchange Carrier Association, Inc. ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. NEC. 471.12- 20- 99.25000013 CC Docket No. 96- 45 CC Docket No. 97- 21 ORDER Adopted: May 10, 2002 Released: May 13, 2002 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. The Telecommunications Access Policy Division has before it a Request for Review filed by the Dodge Memorial Public Library (Dodge), Tamms, Illinois, challenging a denial by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator) of Dodge’s application for discounts in Funding Year 2 under the schools and libraries universal service support mechanism. 1 For the reasons set forth below, we grant the Request for Review and we remand Dodge’s application to SLD for further processing in accordance with this Order. 2. Under the universal service support mechanism, eligible libraries may apply for discounts for certain telecommunications services, Internet access, and internal connections. 2 The Commission’s rules require that the applicant submit to SLD a completed FCC Form 470 stating the applicant’s technology requirements. Subsequently, the applicant must file a FCC Form 471 stating the services and carrier selected, and the funds needed. 3 1 Letter from June Cain, Dodge Memorial Public Library District, to Federal Communications Commission, filed July 25, 2000 (Request for Review). 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 47 C. F. R. §§ 54. 502, 54. 503. 3 47 C. F. R. § 54.504. 1 Federal Communications Commission DA 02- 1105 2 3. Dodge submitted its Funding Year 2 FCC Forms 470 and 471 in a timely manner, but SLD notified Dodge on July 14, 2000 that Dodge’s FCC Form 471 did not meet minimum processing standards because “[ t] he signature in Block 6, Item 30, is blank, written in pencil, or is not an original signature.” 4 The FCC Form 471 instructions for the Year 2, Item 30 signature block require "the authorized person to sign the FCC Form 471 with an original, ink signature." 5 The instructions state in capitalized letters that "no copies of signatures will be accepted," and that if an applicant does not provide the information requested on this form, "the processing of your application may be delayed or your application may be returned to you without action." 6 4. Upon our review of the record, we find that Dodge originally submitted its FCC Form 471 with a photocopy of the authorizing signature, rather than with an original signature. Dodge submitted its Request for Review with the original FCC Form 471 attached. On the attachment, the photocopied signature was scratched out, and an identical original signature in ink was written in next to the scratched out signature. 7 However, this original ink signature was submitted well after the second, and final, March 31, 2000 deadline for submitting Year 2 FCC Form 471 Form. 8 5. The issue, then, is whether the photocopied signature on the timely FCC Form 471 constitutes sufficient certification under our rules. We conclude that it does. In New Hartford, the Common Carrier Bureau held that a photocopied signature constitutes a valid signature for purposes of certifying an FCC Form 471. 9 We see no reason in the record before us to deviate from this precedent. Thus, we find that the photocopied signature on Dodge’s Funding Year 2 FCC Form 471 meets minimum processing standards, and direct the Administrator to process Dodge’s application. 4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to June Cain, Dodge Memorial Public Library District, dated July 14, 2000. See also FCC Form 470, Dodge Memorial Public Library, filed March 2, 1999; and FCC Form 471, Dodge Memorial Public Library District, NEC. 471.12. 20. 99. 25000013, filed December 20, 1999. 5 Instructions for Completing the Schools and Libraries Universal Service, Services Ordered and Certification Form (FCC Form 471), OMB 3060- 0806 (December 1998), at 24. 6 Id. 7 Request for Review, Attachment. 8 See SLD web site, What’s New, . 9 Request for Review by New Hartford Central 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- 007628, CC Docket Nos. 96- 45 and 97- 21, Order, DA 01- 2536 (Com. Car. Bur. rel. Nov. 2, 2001) (New Hartford). 2 Federal Communications Commission DA 02- 1105 3 6. 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 July 25, 2000 by Dodge Memorial Public Library, Tamms, Illinois, IS GRANTED and this matter is remanded to SLD for further processing. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau 3