*Pages 1--2 from Microsoft Word - 35469* Federal Communications Commission DA 04- 298 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Hartford Public Schools ) File Nos. SLD- 329165, 329403, Hartford, Connecticut ) 329483 ) Schools and Libraries ) CC Docket No. 02- 6 Universal Service Support Mechanism ) ORDER Adopted: February 5, 2004 Released: February 6, 2004 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. The Telecommunications Access Policy Division has under consideration a Request for Review filed by Hartford Public Schools (Hartford), Hartford Connecticut. 1 Hartford 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 Hartford’s Request for Review and remand its application to SLD for further consideration. 2. In its decision, SLD rejected Hartford’s application for failing to meet minimum processing standards, stating that Hartford’s FCC Form 471 did not include at least one complete Block 4 Worksheet relevant to the “type of application” as selected in Block 1, Item 5. 3 In its 1 Letter from Orin R. Heend, Funds for Learning, LLC, on behalf of Hartford Public Schools, to Federal Communications Commission, filed December 16, 2002 (Request for Review). 2 Id. 3 Letters from Schools and Libraries Division, Universal Service Administrative Company, to Bob Richter, Hartford Public Schools, dated October 17, 2002 (Administrator’s Decision on Appeal); Funding Year 2002 Minimum Processing Standards provided, “at least one completed Block 4 Worksheet relevant to your application type … must be submitted.” See Instructions for Completing the Schools and Libraries Universal Service Services Ordered and Certification Form (FCC Form 471), OMB 3060- 0806 (November 2001), at 6 (Funding Year 2002 FCC Form 471 Instructions) (emphasis added). In accordance with Minimum Processing Standards, if an applicant indicated in Block 1, Item 5 that its application type was a school or school district, the applicant was required to submit Block 4 Worksheet A. If an applicant indicated in Block 1, Item 5 that its application type was a library, the applicant was required to submit Block 4, Worksheet B. See Funding Year 2002 FCC Form 471 Instructions at 13. Similarly, where an applicant indicated that its application type was a consortium, the applicant was required to submit a completed Worksheet C. See Funding Year 2002 FCC Form 471 Instructions at 17, 18. Pursuant to these 1 Federal Communications Commission DA 04- 298 FCC Form 471 application, Hartford indicated that it was a consortia in Block 1, item 5 and submitted Block 4 Worksheet A (discount calculation worksheet for schools and school districts) and Block 4 Worksheet B (discount calculation worksheet for libraries). 4 Hartford did not submit a Block 4 Worksheet C (discount calculation worksheet for consortia). Hartford argues that the Worksheets A and B that it submitted were the only two worksheets relevant to its applications and that the Worksheet C was “irrelevant” to its consortium’s application. 5 3. Upon review of the record, we grant Hartford’s Request for Review. In the Western New York Regional Information Center Order, the Bureau determined that an applicant in Funding Year 2002 filing a consortium application could have reasonably determined that a completed Worksheet A satisfied the relevant worksheet requirement. 6 We therefore reverse SLD’s decision and remand Hartford’s application to SLD for further processing in accordance with this Order. 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), that the Request for Review filed by Hartford Public Schools, Hartford, Connecticut on December 16, 2002 IS GRANTED and its application is remanded to SLD for further consideration in accordance with this order. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau procedures, SLD deemed that the relevant worksheet for a consortium application was Worksheet C although this was not stated in the FCC Form 471 instructions. 4 FCC Form 471, Hartford Public Schools, filed January 17, 2002. 5 Request for Review. 6 Request for Review of the Decision of the Universal Service Administrative Company by Western New York Regional Information Center, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File Nos. SLD- 328966, 327289, 329244, 328892, 327366, CC Docket Nos. 96- 45 and 97- 21, Order, 18 FCC Rcd. 9692 (Wireline Comp. Bur. 2003). 2