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 Federal  Communications  Commission  DA  03-  2292 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Request  for  Review  by 
 Rachel  Kohl  Community  Library  Glen  Mills,  Pennsylvania 


 Federal-  State  Joint  Board  on  Universal  Service 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc. 


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 File  No.  SLD-  126197 
 CC  Docket  No.  96-  45 
 CC  Docket  No.  97-  21 


 ORDER 
 Adopted:  July  11,  2003  Released:  July  14,  2003 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  Request  for  Review  filed  by  Rachel  Kohl  Community  Library  (Kohl),  Glen  Mills,  Pennsylvania, 
 seeking  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator).  1  Specifically,  Kohl  requests  review  of  the 
 circumstances  surrounding  the  denial  of  their  application  for  Funding  Year  2002  consideration.  2  In  the  alternative,  Kohl  requests  a  waiver  of  the  filing  deadline  for  Funding  Year  2002.  3  For  the 
 reasons  set  forth  below,  we  grant  the  Request  for  Review  and  remand  to  SLD  for  consideration. 
 2.  In  its  Request  for  Review,  Kohl  states  that  it  mailed  its  Form  471  application  prior  to  the  deadline  to  SLD,  its  intended  recipient.  4  In  the  alternative,  Kohl  requests  a  waiver  of  the 
 filing  deadline  for  Funding  Year  2002.  5 
 1  Letter  from  Kathleen  Pileggi,  Rachel  Kohl  Community  Library,  to  Federal  Communications  Commission,  filed 
 October  30,  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  Universal  Service  Administrative  Company  (Administrator)  may 


 seek  review  from  the  Commission.  47  C.  F.  R.  §54.  719(  c).  2 
 Id.  3 
 Id.  4 
 Id.  5 
 Id. 
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 Federal  Communications  Commission  DA  03-  2292 
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 3.  Based  on  our  review  of  the  record,  we  conclude  that  Kohl  submitted  their  application  in  a  timely  manner  within  the  filing  window  for  Funding  Year  2002.  The  certified  mail 
 receipt  shows  that  the  application  was  postmarked  on  January  16,  2002  and  offers  sufficient  proof  that  Kohl  satisfied  SLD’s  application  requirements.  6  Starting  with  the  application  process  for 
 Funding  Year  4,  SLD,  in  consultation  with  the  Commission,  directed  that  FCC  Forms  471  would  be  considered  filed  when  postmarked,  not  when  received.  7  The  new  policy  is  designed  to  ensure 
 that  applicants  are  held  harmless  in  the  event  of  a  failure  of  the  postal  system  or  courier  to  deliver  the  application  within  a  reasonable  period  of  time.  8 


 4.  Therefore,  we  grant  the  request  for  review  and  remand  Kohl’s  application  to  SLD  for  consideration.  However,  by  remanding  we  do  not  suggest  an  outcome  for  Kohl’s  application. 
 Furthermore,  because  we  have  granted  Kohl’s  request  for  review,  we  find  it  unnecessary  to  consider  its  waiver  request. 


 5.  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  by  Rachel  Kohl  Community  Library,  Glenn  Mills,  Pennsylvania,  on  October  30,  2002  IS  GRANTED  AND  REMANDED. 


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


 6  See  Request  for  Review. 
 7  See  Instructions  for  Completing  the  Schools  and  Libraries  Universal  Service,  Services  Ordered  and  Certification 
 Form  (FCC  Form  471),  OMB  3060-  0806  (October  2000)  (Form  471  Instructions);  see  also  Request  for  Waiver  by  Alpine  County  Unified  School  District,  Federal-  State  Joint  Board  on  Universal  Service,  Changes  to  the  Board  of  the 


 National  Exchange  Carrier  Association,  Inc.  ,  File  No.  NEC.  471.01-  24-  00.  5400170,  CC  Docket  Nos.  96-  45  and  97-  21,  Order  17  FCC  Rcd  1718  (Com.  Car.  Bur.  2002)(  starting  with  Funding  Year  4,  SLD  directed  FCC  Forms  471 
 would  be  considered  filed  when  postmarked).  8 
 Id. 
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