*Pages 1--5 from Microsoft Word - 15474* Federal Communications Commission DA 02- 480 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Green Bay Area Public Schools ) SLD No. 275616 Green Bay, Wisconsin ) ) 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 1, 2002 Released: March 6, 2002 By the Common Carrier Bureau, Accounting Policy Division: 1. The Accounting Policy Division (Division) has under consideration a Request for Review filed by Green Bay Area Public Schools (Green Bay), Green Bay, Wisconsin. 1 Green Bay seeks review of a decision by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator) for Funding Year 4 of the schools and libraries support mechanism to allow consideration of its application as timely filed within the filing window. For the reasons that follow, we deny Green Bay's Request for Review. 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. 2 In order to receive discounts on eligible services, the Commission’s rules require that the applicant submit to the Administrator a completed FCC Form 470, in which the applicant sets forth its technological needs and the services for which it seeks discounts. 3 Once the applicant has complied with the Commission’s competitive bidding requirements and entered into agreements 1 Letter from Danielle A. Nerad, Green Bay Area Public Schools, to Federal Communications Commission, dated August 2, 2001 (Request for Review); see also Letter from George A. Smith, Green Bay Area Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, dated March 28, 2001 (SLD Appeal). 2 47 C. F. R. §§ 54. 501, 54. 502. 3 47 C. F. R. § 54.504( b)( 1), (b)( 3). 1 Federal Communications Commission DA 02- 480 2 for eligible services, the applicant must submit a completed FCC Form 471 application to the Administrator. 4 The Commission’s rules allow the Administrator to implement an initial filing period (“ filing window”) for the FCC Form 471 applications that treats all schools and libraries filing within that period as if their applications were simultaneously received. 5 Applications that are received outside of this filing window are subject to separate funding priorities under the Commission’s rules. 6 It is to all applicants’ advantage, therefore, to ensure that the Administrator receives their applications prior to the close of the filing window. 3. Green Bay applied for discounted telecommunication services for Funding Year 4 on January 20, 2001. 7 Instead of using the appropriate Year 4 FCC Form 471 application, 8 Green Bay applied for support using a Funding Year 3 FCC Form 471 application. 9 On March 23, 2001, SLD sent Green Bay a letter indicating that its Funding Year 3 FCC Form 471 had been rejected because it was not the correct OMB- approved FCC Form 471 for Funding Year 4. 10 This letter further stated that SLD declined to accept Green Bay's Funding Year 3 FCC Form 471 because Green Bay’s Year 3 Form 471 failed to meet minimum processing standards for Year 4. 11 Finally, this letter informed Green Bay that, because it used the Funding Year 3 FCC Form 471 rather than the Funding Year 4 Form 471, its application could not be processed. 12 4. On March 28, 2001, Green Bay filed an appeal with SLD, stating that, although it used a Funding Year 3 Form 471 for Funding Year 4 in error, its Funding Year 3 Form 471 was nonetheless filed before the filing window closed on January 18, 2001. 13 With its appeal, Green Bay also submitted a Funding Year 4 FCC Form 471 and requested that it be considered as filed within the Year 4 window. 14 SLD issued an Administrator’s Decision on Appeal on July 13, 2001, stating that it could not consider Green Bay’s request. 15 Green Bay then filed the instant 4 47 C. F. R. § 54.504( c). 5 47 C. F. R. § 54.507( c). 6 47 C. F. R. § 54.507( g). 7 FCC Form 471, Green Bay Area Public Schools, filed January 20, 2001. 8 See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806 (October 2000) (Year 4 Form 471). 9 See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806 (September 1999) (Year 3 Form 471). 10 Letter from Schools and Libraries Division, to Green Bay Area Public Schools, dated March 23, 2001( Minimum Processing Standards Letter). 11 SLD Appeal, at 1. 12 Minimum Processing Standards Letter, at 1. 13 SLD Appeal, at 2. 14 Id. 15 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Green Bay Area Public Schools, dated July 13, 2001. 2 Federal Communications Commission DA 02- 480 4 that because it was not aware that there was a new version of the FCC Form 471 for Funding Year 4, it manually submitted the Funding Year 3 FCC Form 471 that it downloaded on December 1, 2000. 24 8. SLD must review and process thousands of applications each funding year. It is administratively appropriate for SLD to require applicants to adhere to applicable program rules and application requirements. 25 It is incumbent upon applicants to determine whether their applications are in compliance with program requirements prior to filing. Because applications may change from year to year, applicants bear the responsibility of determining whether or not the correct form is being used. Green Bay acknowledges that it downloaded the Year 3 FCC Form 471. Based on this knowledge, Green Bay should have determined that it was using the wrong application for Funding Year 4. The FCC Form 471 application and instructions are funding year specific, and each set of instructions provides item- by- item instructions to the corresponding form. 26 Further, the instructions encourage applicants to reference the SLD website, to obtain guidance material from SLD’s fax- on- demand service, or to contact SLD’s Client Service Bureau for assistance with the application process. 27 9. Moreover, we are not persuaded by Green Bay’s assertion that the filing deadline should be waived because it downloaded the wrong forms or because SLD did not return Green Bay’s application within the filing window. The FCC Form 471 instructions inform an applicant that if it does not provide the information requested on the form, “the processing of your application may be delayed or your application may be returned to you without action.” 28 Applicants that fail to properly complete the required application or otherwise fail to follow program rules, run the risk that their applications may not be considered within the filing window. 10. SLD received a number of applications that used the wrong form for Funding Year 4. If we were to grant relief for using the wrong FCC Form 471, we would then have to grant similar relief to other entities that made similar mistakes, which would in turn increase administrative burdens for SLD. It is impractical, if not impossible, for SLD to review each August 11, 2000). This Order granted Funding Year 3 applicants that fell within the ambit of the enumerated conditions, until December 11, 2000, to refile their Funding Year 3 FCC Forms 471. Thus, on December 1, 2000, it was possible for applicants to download both the Funding Year 3 and Funding Year 4 FCC Forms 471 from the SLD website. 24 Id. 25 See generally Universal Service Administrative Company (USAC), Schools and Libraries Program, Reference Area: Form 471 Minimum Processing Standards and Filing Requirements, (outlining the manual and online filing requirements for FCC Form 471). 26 See generally Instructions for Completing the Schools and Libraries Universal Service Description of Services Requested and Certification Form, OMB 3060- 0806 (October 2000) (Year 4 FCC Form 471 Instructions). 27 Id at 5. 28 Id at 2. 4 Federal Communications Commission DA 02- 480 5 application and notify applicants of errors prior to the close of the filing window. Instead, the burden of ensuring that complete and accurate information is provided on the correct forms properly rests with applicants themselves. We therefore conclude that, under these circumstances, Green Bay has failed to make a showing warranting relief and, therefore, its Request for Review must be denied. 11. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, 1.3, and 54.722( a) of the Commission's rules, 47 C. F. R. §§ 0.91, 0.291, 1.3, and 54.722( a), that the Request for Review filed August 2, 2001 by Green Bay Area Public Schools, Green Bay, Wisconsin IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark Seifert, Deputy Chief Accounting Policy Division Common Carrier Bureau 5