Federal Communications Commission DA 10-2305
Before the
Federal Communications Commission
Washington, DC  20554
In the Matter of )
)
Request for Review of )
Decisions of the )
Universal Service Administrator by )
)
Green Bay Area Public School District ) File Nos. SLD-681595, 692800, 681544
Green Bay, Wisconsin )
)
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
ORDER
Adopted:  December 6, 2010 Released:  December 6, 2010
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
I.  DISCUSSION
1. We grant an appeal filed by the Green Bay Area Public School District (Green Bay) of 
decisions by the Universal Service Administrative Company (USAC) concerning three applications for 
discounted services under the E-rate program (more formally known as the schools and libraries universal 
service program) for funding year 2009.1  Consistent with precedent, we find that Green Bay did not 
violate section 54.504(a) of the Commission’s rules, which states that E-rate applicants must seek 
competitive bids for all services eligible for support.2  Despite Green Bay’s failure to correctly indicate on 
its FCC Forms 470 that it had issued a request for proposal (RFP) for the services at issue, we find that all 
bidders had access to the same information during Green Bay’s competitive bidding process because its 
FCC Forms 470 contained enough detail regarding the desired services for service providers to formulate 
bids.3 Moreover, it appears from the record that all interested bidders received copies of the RFP.4 Thus,
  
1 See Request for Review by Green Bay Area Public School District, to Federal Communications Commission, CC 
Docket Nos. 02-6, 96-45 (filed May 24, 2010) (Request for Review) (regarding FCC Form 471 application number 
681595, funding request number (FRN) 1893019, FCC Form 471 application number 692800, FRN 1900526, and 
FCC Form 471 application number 681544, FRN 1908084).  Section 54.719(c) of the Commission’s rules provides 
that any person aggrieved by an action taken by a division of USAC may seek review from the Commission.  47 
C.F.R. § 54.719(c).  
2 47 C.F.R. § 54.504(a); see Request for Review of the Decision of the Universal Service Administrator by Approach 
Learning and Assessment Centers, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. 
SLD-506121, et al., CC Docket No. 02-6, Order, 23 FCC Rcd 15510 (2008) (Approach Learning Order); 
3 See FCC Form 470, Green Bay Area Public Schools (posted Dec. 30, 2008) (FCC Form 470 number 
908160000717506); FCC Form 470, Green Bay Area Public Schools (posted Dec. 30, 2008) (FCC Form 470 
number 805070000717657). 
4 See Request for Review.  Three vendors submitted bids for FRN 1908084 and four vendors submitted bids for 
FRNs 1893019 and 1900526.
Federal Communications Commission DA 10-2305 
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we find that there was no actual harm to the competitive bidding process and that the underlying policy of 
ensuring service providers a fair opportunity to bid on the services sought by E-rate applicants was not 
compromised by Green Bay’s error.5 We therefore conclude that rejecting Green Bay’s applications on 
the ground that Green Bay failed to advise bidders that an RFP existed is not warranted in these instances, 
especially in the absence of any evidence of waste, fraud, or abuse.  Accordingly, we grant Green Bay’s 
appeal.
2. We emphasize, however, the limited nature of this decision.  The Commission’s 
competitive bidding rules serve as a central tenet of the E-rate program.  Thus, although we grant Green 
Bay’s appeal, our action here does not eliminate or mitigate any of our competitive bidding requirements 
or the obligations of participants in the E-rate program to comply with the Commission’s rules.
II. ORDERING CLAUSES
3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-4 and 254 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and 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), the appeal filed by Green 
Bay Area Public School District on May 24, 2010 IS GRANTED and the underlying applications ARE 
REMANDED to USAC for further action consistent with this order.
4. IT IS FURTHER ORDERED, pursuant to sections 1-4 and 254 of the Communications Act 
of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, and 54.722(a) of the 
Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 54.722(a), that USAC SHALL COMPLETE its review of 
the underlying applications and ISSUE an award or a denial based on a complete review and analysis no 
later than 60 calendar days from the release date of this order.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
  
5 See Approach Learning Order, 23 FCC Rcd at 15513-14, para. 8.