JOHN KERRY
MASSACHusens
'tinitcd ~tatcs ~cnate
WASHINGTON, DC 20510-2102
September 13,2012
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
COMMITTEES:
COMMERCE, SCIENCE,
AND TRANSPORTAllON
FINANCE
FOREIGN RELATIONS
SMALL BUSINESS
I am writing regarding a Request for Review that was submitted to the FCC on June 25, 2010
(CC Docket No, 02-06 and CC Docket No. 96-45) in response to an Administrative Decision
issued by the Universal Service Administrative Company (USAC). This appeal has been
pending with the FCC for the past 27 months, While I am not in a position to judge the merits of
the appeal, I believe that the request for review deserves a speedy response.
I am told that from 2003 through 2008, Achieve Telecom Network ofMA, LLC (Achieve), a
small woman-owned business based in Massachusetts, received E-rate funds to provide distance
learning programs to four underserved and economically disadvantaged school districts in
Massachusetts, In Somerville, Springfield, Chelsea, and Brockton, these K-12 programs
provided students with educational resources and opportunities, from interactive TV and course
materials to tutoring and practice testing. Additionally, these programs improved computer
training for teachers and helped to make coursework more engaging,
Then in 2008, I understand that USAC issued Commitment Adjustment Letters (COMADs) to
Achieve informing the small business that all E-rate funds previously granted to help administer
these distance learning programs between 2004 and 2008 were being retroactively rescinded due
to an alleged breach of E-rate protocol by the company. Achieve and the affected school
districts immediately filed appeals with USAC and waited 18 months before USAC issued a
ruling denying their petitions.
As is their right, Achieve then turned to the FCC review process asking for reconsideration of the
USAC decision and has waited more than 27 months for a final ruling on their appeals.
I trust that you agree that Achieve and the school districts deserve fair and timely consideration
of their appeals. If still more time is needed to review this case, I would appreciate an
explanation of the delay within the FCC, which after more than two years can only be described
as excessive, as well as an expected timeline for completion.
Thank you in advance for your attention to this matter,
PAINTED ON RECYCLED PAPER