Federal Communications Commission DA 12-1361
Before the
Federal Communications Commission
Washington, DC  20554
In the Matter of )
)
Request for Review of a )
Decision of the )
Universal Service Administrator by )
)
Truth or Consequences Municipal Schools ) File No. SLD-546693
Truth or Consequences, New Mexico )
)
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
ORDER
Adopted:  August 20, 2012 Released: August 20, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we deny a request from Truth or Consequences Municipal 
Schools (TCMS) seeking review of a decision made by the Universal Service Administrative Company 
(USAC) under the E-rate program (more formally known as the schools and libraries universal service 
support program) for funding year 2007.2 In its decision, USAC determined that TCMS violated E-rate 
program rules by failing to evaluate all the bids it received.3  
2. Based on our review of the record, we agree with USAC’s determination.  Section 54.511 
of the Commission’s rules requires applicants to consider all submitted bids prior to entering into a 
contract for eligible services, and price must be the primary factor in selecting the winning bid.4 The 
record shows that, on November 3, 2006, TCMS posted its FCC Form 470 to USAC’s website seeking 
bids for basic maintenance of internal connections.5 That same day, TCMS also released a request for 
  
1 See generally, Request for Review of the Decision of the Universal Service Administrator by Central Islip Free 
Union School  District, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, 
Order, 26 FCC Rcd 8630, 8640 (Wireline Comp. Bur. 2011) (Central Islip Order) (explaining that it is a violation of 
the Commission’s rules for a petitioner to fail to consider all bids submitted before entering into a contract).   
2 See Letter from Tom Burris, Superintendent, Truth or Consequences Municipal Schools, to Marlene H. Dortch, 
Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Nov. 16, 2011) (regarding funding 
year (FY) 2007 FCC Form 471 application number 546693, funding request number (FRN) 1509542) (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 USAC may seek review from the Commission. 47 C.F.R. § 54.719(c).
3 See Letter from USAC, Schools and Libraries Division, to Tom Burris, Truth or Consequences Municipal Schools
(dated Oct. 18, 2011); 47 C.F.R. § 54.511 (2006).
4 47 C.F.R. §54.511 (2006).
5 See FCC Form 470, Truth or Consequences Municipal Schools (posted Nov. 3, 2006); Request for Review. 
Federal Communications Commission DA 12-1361
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proposal with a due date of December 7, 2006 for interested bids.6 TCMS received two bids in response 
to these postings and signed a contract with Decision Tree Technologies (Decision Tree) on December 
14, 2006.7  TCMS’s vendor evaluation worksheets, however, were dated January 23, 2007, more than a 
month after the TCMS signed the contract with Decision Tree.8 The fact that the vendor selection 
documentation was dated after the contract award date strongly supports USAC’s determination that 
TCMS did not undertake an evaluation of the two competing bids before entering into a contract with 
Decision Tree.  Moreover, TCMS has provided no evidence to the contrary.9 We therefore affirm 
USAC’s decision and deny TCMS’s request for review.
3. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in 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, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), the 
request for review filed by Truth or Consequences Municipal Schools IS DENIED. 
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
  
6 See Request for Review.  Under the Commission’s competitive bidding rules, applicants must submit for posting 
on USAC’s website an FCC Form 470 requesting discounts for E-rate eligible services or any services for which the 
applicant is seeking a new contract. 47 C.F.R. § 54.504 (2006) amended by 47 C.F.R. § 54.503 (2011).  The 
applicant must describe the requested services with sufficient specificity to enable potential service providers to 
submit bids for such services.  Id. The applicant must provide this description on its FCC Form 470 or indicate on 
the form that it has a request for proposal available providing detail about the requested services.  See Schools and 
Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (October 
2004) (FCC Form 470).  
7 See Request for Review.
8 Id.
9 Id.