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 Federal  Communications  Commission  DA  03-  1456 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Barberton  City  School  District  )  File  No.  SLD-  288746  Barberton,  Ohio  ) 
 )  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:  April  29,  2003  Released:  April  30,  2003 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  Request  for  Review  filed  on  behalf  of  Barberton  City  School  District  (Barberton),  Barberton, 
 Ohio.  1  Barberton  requests  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator).  2  For  the  reasons  set  forth 
 below,  we  grant  the  Request  for  Review  and  remand  to  SLD  for  processing  in  accordance  with  this  Order. 


 2.  In  its  decision,  SLD  reduced  funding  for  Funding  Request  Number  824902  because  it  determined  that  a  group  of  the  items  identified  as  Internet  Protocol  Management 
 Services  were  ineligible  items  for  discounts.  3  SLD  interpreted  the  request  for  Internet  Protocol  Management  Services  items  as  one  for  internal  connections,  which  would  not  be  eligible  for 


 1  Letter  from  David  O’Conner,  Holland  &  Knight  LLP,  on  behalf  of  Barberton  City  School  District,  to  Federal 
 Communications  Commission,  filed  August  1,  2002  (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  Request  for  Review. 


 3  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Nancy  Barker, 
 Barberton  City  School  District,  dated  June  3,  2002,  at  7  (Funding  Commitment  Decision  Letter). 
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 Federal  Communications  Commission  DA  03-  1456 
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 discounts  under  that  category  of  service.  4  The  application  stated  that  Internet  Protocol  Management  Services  items  include  data  transmission,  address  translation,  protocol  conversion, 
 billing  management,  introductory  information  content  and  navigational  systems  and  would  be  used  for  Internet  access.  5  Barberton  argues  that,  among  other  things,  SLD  should  be  reversed 
 because  such  items  were  determined  to  be  eligible  under  the  Internet  access  category  of  service  in  the  Commission’s  Universal  Service  Order.  6  We  agree.  7  Because  we  find  that  granting  the 
 Request  is  warranted  based  on  these  grounds,  we  need  not  address  the  other  arguments  raised  in  the  Request  for  Review. 


 3.  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  on  behalf  of  Barberton  City  School  District,  Barberton,  Ohio  on  August  1,  2002  IS  GRANTED  and  the  application  is  REMANDED  to  SLD 
 for  further  action  consistent  with  this  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 4  See  SLD  website,  Eligible  Services  List,  22  (December  29,  2000) 
 <http://  www.  sl.  universalservice.  org/  reference/  eligible.  asp>.  There  are  three  categories  of  service  for  requests  from  the  schools  and  libraries  universal  service  support  mechanism:  telecommunications  services,  Internet  access,  and 


 internal  connections. 
 5  FCC  Form  471,  Barberton  City  School  District,  filed  January  15,  2002  (Attachment  5). 


 6  Request  for  Review  at  5.  See  Federal-  State  Joint  Board  on  Universal  Service,  CC  Docket  No.  96-  45,  Report  and 
 Order,  12  FCC  Rcd  8776  (1997)  (Universal  Service  Order)  (subsequent  history  omitted). 
 7  See  Universal  Service  Order,  12  FCC  Rcd  at  9013,  para.  444  (concluding  that  “eligible  schools  and  libraries  will 
 be  permitted  to  apply  their  relevant  discounts  to  information  services  provided  by  entities  that  …  may  include  data  transmission,  address  translation,  protocol  conversion,  billing  management,  introductory  information  content,  and 


 navigational  systems  that  enable  users  to  access  information  services  that  do  not  affect  the  presentation  of  such  information  services  to  users”). 
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