*Pages 1--2 from  Microsoft Word - 35481*
 Federal  Communications  Commission  DA  04-  306 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  )  ) 
 Saint  Vincent’s  Home  School  )  File  No.  SLD-  335335  Fall  River,  Maine  ) 
 )  Schools  and  Libraries  Universal  Service  )  CC  Docket  No.  02-  6 
 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  Saint  Vincent’s  Home  School,  Fall  River,  Maine  (Saint  Vincent’s).  1 
 Saint  Vincent’s  requests  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company.  2  For  the  reasons  set  forth  below,  we  grant  the 
 Request  for  Review  and  remand  Saint  Vincent’s  application  to  the  SLD  for  further  processing. 
 2.  In  its  Request  for  Review,  Saint  Vincent’s  argues  that  its  completed  FCC  Form  471  (Form  471)  application  was  timely  filed  on  January  17,  2002,  the  Funding  Year  2002  Form 


 471  filing  window  deadline.  3  As  evidence  of  its  assertion,  Saint  Vincent’s  attaches  a  copy  of  its  Express  Mail  Receipt  from  the  United  States  Postal  Service  (Postal  Service),  dated  January  17, 
 2002.  4  In  the  alternative,  Saint  Vincent’s  requests  a  waiver  of  the  Funding  Year  2002  Form  471  filing  window  deadline.  5  Saint  Vincent’s  states  that  it  appears  that  its  original  Form  471 
 application  was  not  delivered  to  SLD,  and  after  it  learned  of  this,  it  re-  submitted  the  completed  application.  6  Saint  Vincent’s  argues  that  the  circumstances  leading  up  to  its  application  package 


 1  Letter  from  Paul  Michael,  Saint  Vincent’s,  to  Federal  Communications  Commission,  filed  August  5,  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  may  seek  review  from  the  Commission.  47 


 C.  F.  R.  54.  719(  c). 
 2  Id. 


 3  Id. 
 4  Id.  at  attachment. 
 5  Id. 
 6  Id. 
1
 Federal  Communications  Commission  DA  04-  306 
 2 
 not  being  delivered  was  beyond  its  control  and  that  its  re-  submitted  application  should  be  accepted.  7 
 3.  We  find  that  Saint  Vincent’s  provides  documentation  indicating  that  its  Form  471  application  package  was  postmarked  prior  to  the  close  of  the  filing  window  deadline.  We 
 therefore  grant  Saint  Vincent’s  request  for  review  and  remand  the  matter  to  SLD,  so  that  Saint  Vincent’s  Form  471  may  be  processed  as  a  timely  application. 


 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  Saint  Vincent’s  on  August  5,  2002  IS  GRANTED  and  Saint  Vincent’s  application  is  REMANDED  to  SLD  for  further  consideration. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Narda  M.  Jones  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 7  Id. 
2