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 Federal  Communications  Commission  DA  04-  407 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Jackson  Public  School  District  )  File  Nos.  SLD-  381996 
 Jackson,  Mississippi  )  ) 
 Schools  and  Libraries  Universal  Service  )  CC  Docket  No.  02-  6  Support  mechanism  ) 


 ORDER 
 Adopted:  February  18,  2004  Released:  February  19,  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  Jackson  Public  School  District  (Jackson  PS),  Jackson, 
 Mississippi.  1  Jackson  PS  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  Jackson  PS’s  Request  for  Review  and  remand  its  application  to  SLD  for  further  consideration. 


 2.  SLD  notified  Jackson  PS  that  its  Funding  Year  2003  FCC  Form  471  had  been  submitted  after  the  filing  window  closed  on  February  6,  2003  at  11:  59  p.  m.  Eastern 
 Standard  Time.  3  In  its  Request  for  Review,  Jackson  PS  argues  that  on  February  6,  2003  it  mailed  nine  Form  471  applications  in  one  envelope  to  SLD  and  mailed  one  Form  471 
 (SLD  Application  Number  381996)  in  a  separate  envelope  via  UPS  Next  Day  Air.  4  Jackson  PS  asserts  that  according  to  the  UPS  tracking  information,  the  Form  471 
 application  for  SLD  Application  Number  381996  was  postmarked  on  February  6,  2003.  5 
 1  Letter  from  Dr.  Willie  Johnson,  Jackson  Public  School  District,  to  Federal  Communications  Commission, 
 filed  August  4,  2003  (Request  for  Review). 
 2  See  Letter  from  Universal  Service  Administrative  Company,  to  Dr.  Willie  Johnson,  Jackson  Public  School 
 District,  dated  March  20,  2003. 
 3  Id. 


 4  Request  for  Review. 
 5  Id. 
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 Federal  Communications  Commission  DA  04-  407 
 As  evidence  of  its  assertion,  Jackson  PS  attaches  a  copy  of  the  UPS  tracking  information.  6  Based  on  the  underlying  record,  we  conclude  that  Jackson  PS’s  application 
 was  postmarked  by  the  filing  window  deadline.  7  We  therefore  grant  Jackson  PS’s  Request  for  Review  and  remand  Jackson  PS’s  application  to  SLD  for  further 
 consideration. 
 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  by  Jackson  Public  School  District,  Jackson,  Mississippi  on  August  4,  2003  IS  GRANTED,  and  Jackson  PS’s  application  is 
 REMANDED  to  SLD  for  further  consideration  in  light  of  this  decision. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 6  Request  for  Review,  Attachment. 
 7  Id.  See  Instructions  for  Completing  the  Schools  and  Libraries  Universal  Service  Services  Ordered  and 
 Certification  Form,  OMB  3060-  0806  (November  2001)  (Form  471  Instructions)  (FCC  Forms  471  must  be  postmarked  no  later  than  the  filing  window  deadline  in  order  to  be  considered  within  the  filing  window). 
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