Federal Communications Commission DA 12-29
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Request for Review
of a decision
of the Universal Service Administrator by
Los Lunas School District
Los Lunas, New Mexico
Schools and Libraries Universal Service
Support Mechanism
ORDER
Adopted: January 12, 2012
File No. SLD-630965
CC Docket No. 02-6
Released: January 12, 2012
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with the Wireline Competition Bureau's (Bureau) decision in the Barrow County
School District Order,' we grant the appeal filed by Los Lunas School District (Los Lunas) of a decision
by the Universal Service Administrative Company (USAC) that denied funding from the E-rate program
for funding year 2008 because Los Lunas inadvertently listed the wrong service start date information on
its FCC Form 486.2 As the Bureau found in the Barrow County School District Order, minor mistakes
such as this do not warrant the complete rejection of an application: Los Lunas made a minor procedural
error and did not violate any Commission rule.3 Therefore, we find good cause to grant the appeal and
remand the underlying application to USAC for further action consistent with this order.
2. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. § 15 1-154 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 Requests for Review filed by Los Lunas School District, Los Lunas, New Mexico IS GRANTED and
Request for Review and/or Waiver of Decisions of the Universal Service Administrator by Barrow County School
District, Ell(/ay, Georgia, et al., Schools and Libraries Universal Service Support Mechanism, File No. SLD-Nos.
681012, et a!., CC Docket No. 02-6, Order, 26 FCC Rcd 4028 (Wireline Comp. Bur. 2011) (Barrow County School
District Order) (finding good cause to grant appeals when applicants inadvertently listed the wrong service start date
on their FCC Forms 486).
2 Letter from Ron Williams, Assistant Superintendent of Operations, Los Lunas School District, to Office of the
Secretary, Federal Communications Commission, CC Docket No. 02-6, filed August 29, 2011. Section 54.7 19(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. § 54.7 19(c) (2011). The E-rate program is more formally known as the
schools and libraries universal service support program.
Barrow County SchoolDistrict Order, 26 FCC Rcd at 4028, para. 2.
Federal Communications Commission DA 12-29
the application IS REMANDED to USAC for further consideration in accordance with the terms of this
order.
3. 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 application 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
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