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 Federal  Communications  Commission  DA  05-  108 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Requests  for  Review  of  the  Decisions  of  the  Universal  Service  Administrator 


 Ameritech  Advanced  Data  Services  –  St.  Lorenz  Lutheran  School 
 Frankenmuth,  Michigan 
 BellSouth  Telecommunications  Inc.  –  Orleans  Parish  School  District 
 New  Orleans,  Louisiana 
 DeltaNet,  Inc.  –  Calvery  Chapel  Academy  Lawrence,  Kansas 


 OneNet  –  Ada  Independent  School  District  119  Ada,  Oklahoma 
 OneNet  –  Beaver  Independent  School  District  22  Beaver,  Oklahoma 
 OneNet  –  Butler  Independent  School  District  Butler,  Oklahoma 
 OneNet  –  Caddo-  Kiowa  Area  Voc-  Tech  Fort  Cobb,  Oklahoma 
 OneNet  –  Cameron  Independent  School  District  Stilwell,  Oklahoma 
 OneNet  –  Erick  Independent  School  District  51  Erick,  Oklahoma 
 OneNet  –  Forgan  Independent  School  District  123  Forgan,  Oklahoma 
 OneNet  –  Great  Plains  Voc-  Tech  Center  Lawton,  Oklahoma 
 OneNet  –  Kiamichi  Area  Vo-  Tech  District  Wilburton,  Oklahoma 
 OneNet  –  Lawton  Public  School  District  18  Lawton,  Oklahoma 


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 File  No.  SLD-  190856 
 File  No.  SLD-  139084 
 File  No.  SLD-  193126 
 File  No.  SLD-  139469 
 File  No.  SLD-  136909 
 File  No.  SLD-  148043 
 File  No.  SLD-  131594 
 File  No.  SLD-  188742 
 File  No.  SLD-  142525 
 File  No.  SLD-  136613 
 File  No.  SLD-  143302 
 File  No.  SLD-  133567 
 File  Nos.  SLD-  184815,  244186 
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 Federal  Communications  Commission  DA  05-  108 
 2 
 OneNet  –  Milburn  Independent  School  District  29  Milburn,  Oklahoma 
 OneNet  –  Moyers  School  District  22  Moyers,  Oklahoma 
 OneNet  –  Oklahoma  School  for  the  Deaf  Sulphur,  Oklahoma 
 OneNet  –  Perry  Independent  School  District  Perry,  Oklahoma 
 OneNet  –  Pickett-  Center  School  District  20  Ada,  Oklahoma 
 OneNet  –  Sapulpa  Public  Schools  Sapulpa,  Oklahoma 
 OneNet  –  Southeastern  Public  Library  System  of  Oklahoma 
 McAlester,  Oklahoma 
 OneNet  –  Southwestern  Technology  Center  Altus,  Oklahoma 


 OneNet  –  Stuart  Independent  School  District  54  Stuart,  Oklahoma 
 OneNet  –  Sulphur  Independent  School  District  Sulphur,  Oklahoma 
 OneNet  –  Talihina  Independent  School  District  52  Talihina,  Oklahoma 
 OneNet  –  Turpin  Independent  School  District  128  Turpin,  Oklahoma 
 OneNet  –  Washita  Heights  Independent  School  District  9 
 Corn,  Oklahoma 
 OneNet  –  Woodward  Independent  School  District  1  Woodward,  Oklahoma 


 Pacific  Bell  Telephone  Company  –  Alum  Rock  Union  Elementary  School 
 San  Jose,  California 
 Southwestern  Bell  Telephone  Company  –  Cherryvale  Unified  School  District  447  Cherryvale, 
 Kansas 


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 File  No.  SLD-  157614 
 File  No.  SLD-  138825 
 File  No.  SLD-  133545 
 File  No.  SLD-  139881 
 File  No.  SLD-  248989 
 File  No.  SLD-  149283 
 File  No.  SLD-  227111 


 File  No.  SLD-  243332 
 File  No.  SLD-  141201 
 File  No.  SLD-  135472 
 File  No.  SLD-  137880 
 File  No.  SLD-  135463 
 File  No.  SLD-  170951 


 File  No.  SLD-  139949 
 File  No.  SLD-  179828 
 File  Nos.  204391,  149907 
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 Federal  Communications  Commission  DA  05-  108 
 3 
 Southwestern  Bell  Telephone  Company  –  Erie-  St.  Paul  Unified  School  District  101 
 Erie,  Kansas 
 Southwestern  Bell  Telephone  Company  –  Frontenac-  Crawford  District  249 
 Frontenac,  Kansas 
 Southwestern  Bell  Telephone  Company  –  Indianola  Independent  School  District  25 
 Indianola,  Oklahoma 
 Southwestern  Bell  Telephone  Company  –  Winfield  Unified  School  District  465 
 Winfield,  Kansas 
 Southwestern  Bell  Telephone  Company  –  Yates  Center  Unified  School  District  366 
 Yates  Center,  Kansas 


 Sprint  Local  Telephone  Division  –  Baxter  Springs  Unified  School  District  508 
 Baxter  Springs,  Kansas 
 Sprint  Local  Telephone  Division  –  Central  Heights  School  District  288 
 Richmond,  Kansas 
 Sprint  Local  Telephone  Division  –  Erie-  St.  Paul  Unified  School  District  No.  101 
 Erie,  Kansas 
 Sprint  Local  Telephone  Division  –  Galena  Unified  School  District  499 
 Galena,  Kansas 
 Sprint  Local  Telephone  Division  –  Marmaton  Valley  School  District  256 
 Moran,  Kansas 
 Sprint  Local  Telephone  Division  –  Oswego  Unified  School  District  504 
 Oswego,  Kansas 
 Sprint  PCS  –  Heritage  Charter  School  Dallas,  Texas 


 Sprint  Spectrum,  L.  P.  –  Youngstown  Youth  Academy 
 Youngstown,  Ohio 


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 File  No.  SLD-  204551 
 File  No.  SLD-  204523 
 File  No.  SLD-  147340 
 File  No.  SLD-  204380 
 File  No.  SLD-  204693 


 File  No.  SLD-  204398 
 File  No.  SLD-  204357 
 File  No.  SLD-  204551 
 File  No.  SLD-  204385 
 File  No.  SLD-  204629,  310862 
 File  No.  SLD-  204440 
 File  No.  SLD-  202864 
 File  No.  SLD-  357055 
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 Federal  Communications  Commission  DA  05-  108 
 4 
 Verizon  Network  Integration  Corp.  –  Morris  Catholic  High  School 
 Denville,  New  Jersey 
 Verizon  Network  Integration  Corp.  –  South  Baltimore  Learning  Center 
 Baltimore,  Maryland 
 Verizon  New  Jersey,  Inc.  –  Queen  of  Peace  High  School 
 North  Arlington,  New  Jersey 
 Verizon  New  York,  Inc.—  Churchill  School  and  Center 
 New  York,  New  York 
 ZEN  Computer  Systems  –  Heritage  Charter  School  Dallas,  Texas 


 Schools  and  Libraries  Universal  Support  Mechanism 


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 File  No.  SLD-  305417 
 File  Nos.  SLD-  125549,  192919,  245858,  314139 
 File  No.  SLD-  306545 
 File  No.  SLD-  164607 
 File  No.  SLD-  202864 
 CC  Docket  No.  02-  6 
 ORDER 
 Adopted:  January  18,  2005  Released:  January  18,  2005 
 By  the  Deputy  Chief,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  the  above-captioned  Requests  for  Review  of  commitment  adjustment  decisions  issued  by  the  Schools  and  Libraries 
 Division  (SLD)  of  the  Universal  Service  Administrative  Company  (USAC).  1  For  the  reasons  set  forth 
 1  Letter  from  Christopher  M.  Heimann,  Ameritech  Advanced  Data  Services,  Inc.  –  St.  Lorenz  Lutheran  School,  filed 
 July  14,  2004;  Letter  from  Theodore  C.  Marcus,  BellSouth  Telecommunications,  Inc.  –  Orleans  Parish  School  District,  filed  May  10,  2004;  Letter  from  Ben  Rowner,  DeltaNet,  Inc.  –  Calvery  Chapel  Academy,  filed  December 


 15,  2003;  Letter  from  Kurt  A.  Snodgrass,  OneNet  –  all  referenced  applicants,  filed  March  8,  2004;  Letter  from  Christopher  M.  Heimann,  Pacific  Bell  Telephone  Company  –  Alum  Rock  Union  Elementary  School,  filed  June  18, 
 2004;  Letter  from  Christopher  M.  Heimann,  Southwestern  Bell  Telephone  Company  –  Cherryvale  Unified  School  District  447,  filed  July  20,  2004;  Letter  from  Christopher  M.  Heimann,  Southwestern  Bell  Telephone  Company  – 
 Erie-  St.  Paul  Unified  School  District  ,  filed  July  20,  2004;  Letter  from  Christopher  M.  Heimann,  Southwestern  Bell  Telephone  Company  –  Frontenac-  Crawford  District  249,  filed  July  20,  2004;  Letter  from  Christopher  M.  Heimann, 
 Southwestern  Bell  Telephone  Company  –  Indianola  Independent  School  District  25,  filed  July  29,  2004;  Letter  from  Christopher  M.  Heimann,  Southwestern  Bell  Telephone  Company  –  Winfield,  Kansas,  filed  July  20,  2004;  Letter 
 from  Christopher  M.  Heimann,  Southwestern  Bell  Telephone  Company  –  Yates  Center  Unified  School  District  366,  filed  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  Local  Telephone  Division  –  Baxter  Springs  Unified  School 
 District  508,  filed  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  Local  Telephone  Division  –  Central  Heights  School  District  288,  filed  July  20,  2004,  Letter  from  Norina  Moy,  Sprint  Local  Telephone  Division  –  Erie-  St.  Paul 
 Unified  School  District  101,  filed  on  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  Local  Telephone  Division  –  Galena  Unified  School  District  499,  filed  on  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  Local  Telephone 
 Division  –  Marmaton  Valley  School  District  256,  filed  on  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  Local  Telephone  Division  –  Oswego  Unified  School  District  504,  filed  July  20,  2004;  Letter  from  Norina  Moy,  Sprint  PCS 
 –  Heritage  Charter  School,  filed  March  19,  2004;  Letter  from  Norina  Moy,  Sprint  Spectrum,  L.  P.  –  Youngstown  (continued....) 
4
 Federal  Communications  Commission  DA  05-  108 
 5 
 below,  we  grant  the  Requests  for  Review  and  remand  them  to  USAC  for  further  consideration. 
 2.  Prior  to  the  Schools  Fourth  Order,  the  Commission  directed  USAC  to  recover  funds  disbursed  in  violation  of  the  statute  or  a  rule  from  service  providers  only.  2  In  the  Schools  Fourth  Order, 


 the  Commission  determined  that  recovery  of  schools  and  libraries  funds  disbursed  in  violation  of  the  statute  or  a  rule  should  be  directed  to  the  party  or  parties  responsible  for  the  statutory  or  rule  violation, 
 including  a  school  or  library.  3  The  Commission  directed  USAC  to  implement  this  policy  on  a  going  forward  basis  to  all  matters  for  which  USAC  has  not  yet  issued  a  demand  letter  as  of  the  effective  date  of 
 the  Order  and  to  all  recovery  actions  currently  under  appeal  to  either  USAC  or  the  Commission.  4  Each  Request  for  Review  raises  the  argument  that  another  party,  particularly  the  school  or  library  receiving 
 discounted  services  or  another  service  provider,  committed  the  statutory  or  rule  violation  for  which  SLD  is  seeking  recovery  of  funds.  5  Because  USAC  did  not  consider  which  party  was  responsible  for  the 
 statutory  or  rule  violation  at  issue,  we  find  it  appropriate  to  remand  the  above-  captioned  Requests  for  Review  of  commitment  adjustment  decisions  to  USAC  for  further  consideration  consistent  with  the 
 Commission’s  decision  in  the  Schools  Fourth  Order. 
 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  requests 


 for  review  filed  by  Ameritech  Advanced  Data  Services,  Inc.  –  St.  Lorenz  Lutheran  School,  Frankenmuth,  Michigan,  on  July  14,  2004;  BellSouth  Telecommunications,  Inc.  –  Orleans  Parish  School  District,  New 
 Orleans,  Louisiana,  on  May  10,  2004;  DeltaNet,  Inc.  –  Calvery  Chapel  Academy,  Lawrence,  Kansas,  on  December  15,  2003;  OneNet  –  Ada  Independent  School  District  119,  Ada,  Oklahoma,  on  March  8,  2004; 
 OneNet  –  Beaver  Independent  School  District  22,  Beaver,  Oklahoma,  on  March  8,  2004;  OneNet  –  Butler  Independent  School  District,  Butler,  Oklahoma,  on  March  8,  2004;  OneNet  –  Caddo-  Kiowa  Area  Voc-Tech, 
 Fort  Cobb,  Oklahoma,  on  March  8,  2004;  OneNet  –  Cameron  Independent  School  District,  Stilwell,  Oklahoma,  on  March  8,  2004;  OneNet  –  Erick  Independent  School  District,  Erick,  Oklahoma,  on  March 
 8,  2004;  OneNet  –  Forgan  Independent  School  District  123,  Forgan,  Oklahoma,  on  March  8,  2004;  OneNet  –  Great  Plains  Voc-  Tech  Center,  Lawton,  Oklahoma,  on  March  8,  2004;  OneNet  –  Kiamichi 
 Area  Vo-  Tech  District,  Wilburton,  Oklahoma,  on  March  8,  2004;  OneNet  –  Lawton  Public  School  District  18,  Lawton,  Oklahoma,  on  March  8,  2004;  OneNet  –  Milburn  Independent  School  District  29, 
 Milburn,  Oklahoma,  on  March  8,  2004;  OneNet  –  Moyers  School  District  22,  Moyers,  Oklahoma,  on  March  8,  2004;  OneNet  –  Oklahoma  School  for  the  Deaf,  Sulphur,  Oklahoma,  on  March  8,  2004;  OneNet 
 –Perry  Independent  School  District,  Perry,  Oklahoma,  on  March  8,  2004;  OneNet  –  Pickett-  Center  School  District  20,  Ada,  Oklahoma,  on  March  8,  2004;  OneNet  –  Sapulpa  Public  Schools,  Sapulpa,  Oklahoma, 
 on  March  8,  2004;  OneNet  –  Southeastern  Public  Library  System  of  Oklahoma,  McAlester,  Oklahoma,  on  March  8,  2004;  OneNet  –  Southwestern  Technology  Center,  Altus,  Oklahoma,  on  March  8,  2004; 


 (...  continued  from  previous  page)  Youth  Academy,  filed  September  17,  2004;  Letter  from  Ann  H.  Rakestraw,  Verizon  Network  Integration  Corp.  – 
 Morris  Catholic  High  School,  filed  January  16,  2004;  Letters  from  Ann  H.  Rakestraw,  Verizon  Network  Integration  Corp.  –  South  Baltimore  Learning  Center,  filed  July  26,  2004;  Letter  from  Ann  H.  Rakestraw,  Verizon  New  Jersey, 
 Inc.  –  Queen  of  Peace  High  School,  filed  January  16,  2004;  Letter  from  Ann  H.  Rakestraw,  Verizon  New  York,  Inc.  –  Churchill  School  and  Center,  filed  July  9,  2004;  Letter  from  Jim  Cao,  ZEN  Computer  Systems  –  Heritage  Charter 
 School,  filed  March  22,  2004  (together  Requests  for  Review).  2 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  CC  Docket  Nos.  97-  21  and  96-  45,  Order,  FCC  99-  291,  para.  9  (rel.  Oct.  8,  1999)  (Commitment  Adjustment  Order). 


 3  Federal  State  Joint  Board  on  Universal  Service,  Changes  to  the  Board  of  Directors  for  the  National  Exchange 
 Carrier  Association,  Inc.,  Schools  and  Libraries  Universal  Support  Mechanism,  Order  on  Reconsideration  and  Fourth  Report  and  Order,  19  FCC  Rcd  15252  (2004)  (Schools  Fourth  Order). 


 4  Id.  19  FCC  Rcd  at  15256,  para.  10. 
 5  Id. 
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 Federal  Communications  Commission  DA  05-  108 
 6 
 OneNet  –  Talihina  Independent  School  District  52,  Talihina,  Oklahoma,  on  March  8,  2004;  OneNet  –  Turpin  Independent  School  District  128,  Turpin,  Oklahoma,  on  March  8,  2004;  OneNet  –  Washita 
 Heights  Independent  School  District  9,  Corn,  Oklahoma,  on  March  8,  2004;  OneNet  –  Woodward  Independent  School  District  1,  Woodward,  Oklahoma,  on  March  8,  2004;  Pacific  Bell  Telephone 
 Company  –  Alum  Rock  Union  Elementary  School,  San  Jose,  California,  on  June  18,  2004;  Southwestern  Bell  Telephone  Company  –  Cherryvale  Unified  School  District  447,  Cherryvale,  Kansas,  on  July  20, 
 2004;  Southwestern  Bell  Telephone  Company  –  Erie-  St.  Paul  Unified  School  District  101,  Erie,  Kansas,  on  July  20,  2004;  Southwestern  Bell  Telephone  Company  –  Frontenac-  Crawford  District  249,  Frontenac, 
 Kansas,  on  July  20,  2004;  Southwestern  Bell  Telephone  Company  –  Indianola  Independent  School  District  25,  Indianola,  Oklahoma,  on  July  29,  2004;  Southwestern  Bell  Telephone  Company  –  Winfield 
 Unified  School  District  465,  Winfield,  Kansas,  on  July  20,  2004;  Southwestern  Bell  Telephone  Company  –  Yates  Center  Unified  School  District  366,  Yates  Center,  Kansas,  on  July  20,  2004;  Sprint  Local 
 Telephone  Division  –  Baxter  Springs  Unified  School  District  508,  Baxter  Springs,  Kansas,  on  July  20,  2004;  Sprint  Local  Telephone  Division  –  Central  Heights  School  District  288,  Richmond,  Kansas,  on  July 
 20,  2004;  Sprint  Local  Telephone  Division  –  Erie-  St.  Paul  Unified  Schools  District  101,  Erie,  Kansas,  on  July  20,  2004;  Sprint  Local  Telephone  Division  –  Galena  Unified  School  District  499,  Galena,  Kansas,  on 
 July  20,  2004;  Sprint  Local  Telephone  Division  –  Marmaton  Valley  School  District  256,  Moran,  Kansas,  on  July  20,  2004;  Sprint  Local  Telephone  Division  –  Oswego  Unified  School  District  504,  Oswego, 
 Kansas,  on  July  20,  2004;  Sprint  PCS  –  Heritage  Charter  School,  Dallas,  Texas,  on  March  19,  2004;  Sprint  Spectrum,  L.  P.  –  Youngstown  Youth  Academy,  Youngstown,  Ohio,  on  September  17,  2004; 
 Verizon  Network  Integration  Corp.  –  Morris  Catholic  High  School,  Denville,  New  Jersey,  on  January  16,  2004;  Verizon  Network  Integration  Corp.  –  South  Baltimore  Learning  Center,  Baltimore,  Maryland,  on 
 July  26,  2004;  Verizon  New  Jersey,  Inc.  –  Queen  of  Peace  High  School,  North  Arlington,  New  Jersey,  on  January  16,  2004;  Verizon  New  York,  Inc.  –  Churchill  School  and  Center,  New  York,  New  York,  on  July 
 9,  2004;  ZEN  Computer  Systems  –  Heritage  Charter  School,  Dallas,  Texas,  on  March  22,  2004,  ARE  GRANTED,  and  these  appeals  ARE  REMANDED  to  USAC  for  further  action  consistent  with  this  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Vickie  Robinson  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 
6