Federal Communications Commission DA 12-86 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Review of ) Decisions of the ) Universal Service Administrator by ) ) Chippewa Falls Schools District ) File Nos. SLD-247882, 304747, Chippewa Falls, Wisconsin ) 369402, 522870 ) Cooperative Educations Service Agency 10 ) File Nos. SLD-218650, 309367, Chippewa Falls, Wisconsin ) 361287, 394370, 448904, 510259 ) Edgar School District ) File No. SLD-234973 Edgar, Wisconsin ) ) Oshkosh Area School District ) File Nos. SLD-460864, 529766, 567504 Oshkosh, Wisconsin ) ) WiscNet ) File Nos. SLD-218650, 309367, Chippewa Falls, Wisconsin ) 361287, 394370, 247882, 304747, ) 234973, 226120, 294243, 344180 ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: February 08, 2012 Released: February 08, 2012 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. In this order, we address nine requests for review of decisions by the Universal Service Administrative Company (USAC) denying applicants’ funding requests under the E-rate program (more formally known as the schools and libraries universal service support program).1 In each instance, USAC stated that the applicant had violated the Commission’s competitive bidding requirements because the applicants’ FCC Forms 470 contained contact information for WiscNet, a service provider that participated in the competitive bidding process.2 We dismiss as moot four requests for review where USAC subsequently received additional information clarifying the applicants’ competitive bidding processes, rescinded its commitment adjustment (COMAD) letters, and issued revised funding 1 See appendices A and B. Section 54.719(c) of the Commission’s rules provides that any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. § 54.503. Federal Communications Commission DA 12-86 2 commitments.3 We also grant five requests for review and remand the underlying applications to USAC for additional processing consistent with this order.4 Based on our review of the record, these five requests involve the same alleged competitive bidding issue as the four requests for review dismissed herein in which USAC ultimately determined the applicants and the service provider did not violate the competitive bidding rules.5 We instruct USAC, where applicable, to apply its prior findings to these applications. Additionally, where appropriate, we direct USAC to request additional information from the applicants regarding their competitive bidding process. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications. II. ORDERING CLAUSES 2. 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 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, 54.722(a), that the requests for review listed in appendix A ARE DISMISSED AS MOOT. 3. IT IS FURTHER 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 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, 54.722(a), that the requests for review listed in appendix B ARE REMANDED to USAC for further processing consistent with this order. 4. IT IS FURTHER 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 pursuant to authority delegated in sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91 and 0.291, that USAC, where applicable, SHALL ISSUE a revised funding commitment decision letter to those applicants listed in appendix B no later than 60 calendar days from the release date of this order. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Division Chief Telecommunications Access Policy Division Wireline Competition Bureau 3 See appendix A. 4 See appendix B. 5 See appendix A. Federal Communications Commission DA 12-86 3 APPENDIX A Appeals Dismissed as Moot Petitioner Funding Year Applicant Number Funding Request Number(s) Date Appeal Filed 2001 218650 584704 2002 309567 804935 2003 361287 978313 Cooperative Educations Service Agency 10 Chippewa Falls, Wisconsin 2004 394370 1078781 May 16, 2007 2001 247882 602452 2002 304747 785451 Chippewa Falls School District Chippewa Falls, Wisconsin 2003 369402 1006945 May 21, 2007 Edgar School District Edgar, Wisconsin 2001 234973 549810 May 16. 2007 2001 218650 584704 2002 309567 804935 2003 361287 978313 2004 394370 1078781 2001 247882 602452 2002 304747 785451 2003 369402 1006945 2001 234973 549810 2001 226120 521210 2002 294243 753267 WiscNet Chippewa Falls, Wisconsin 2003 344180 927094 May 18, 2007 Federal Communications Commission DA 12-86 4 APPENDIX B Appeals Granted and Applications Remanded to USAC Applicant Funding Year Applicant Number Funding Request Number(s) Date Appeal Filed 2005 448904 1234553 1234596 1403520 1403610 Cooperative Educations Service Agency 10 Chippewa Falls, Wisconsin 2006 510259 1403520 1403610 May 21, 2007 Chippewa Falls School District Chippewa Falls, WI 2006 522870 1439262 Nov. 7, 2006 2005 460864 1266817 1266915 1266968 Oct. 24, 2006 2006 529766 1467145 1467323 1461330 May 25, 2007 Oshkosh Area School District Oshkosh, WI 2007 567504 1566238 Oct. 20, 2008