PEDRO R. PIERLUISI 
PUERTO RICO 
WASHINGTON OFACE: 
2410 RAYBURN HOUSE OFFICE BUILDING 
(202) 225-2615 FAX: (202) 225-2154 
SAN JUAN OFFICE: 
157 AVENICA CE LA CONSTITUC10N 
ANTIGUO EDIRCIO DE MEDICJNA TROPICAL 
Au. CE ENFERMERIA 200 PJSO 
SAN JUAN, PUERTO Rico 00901 
(787) 723-6333 FAX: (787) 729-7738 
February 8, 2016 
QCongress of tbe itntteb ~tates 
J!)ouse of l\epresentatibes 
m!lasbtngton, 1D<tC 20515-5400 
The Honorable Tom Wheeler, Chainnan 
The Honorable Mignon Clyburn, Commissioner 
The Honorable Jessica Rosenworcel, Commissioner 
The Honorable Ajit Pai, Commissioner 
The Honorable Michael O'Rielly, Commissioner 
Federal Communications Commission 
445 12th Street, S.W. 
Washington, DC 20554 
Dear Mr. Chairman and Commissioners: 
COMMITTEES: 
JUDICIARY 
NATURAL RESOURCES 
I've been made aware of a series of troubling decisions by the Universal Service Administrative 
Company ("USAC") regarding applications for E-Rate funds for Funding Year 2014 filed by 
numerous private schools in Puerto Rico for providing essential internet access services which are 
being retroactively denied to more than 60 schools on the island. I understand that USAC may be 
releasing additional decisions of this nature and I'm deeply concerned about the impact that this 
issue is having on the educational resources available to students in Puerto Rico. I ask that you take 
prompt action to ensure that USAC re-assesses its decisions so that the approximately 40,000 
children impacted by the rescissions in Puerto Rico are not unfairly disadvantaged by these federal 
actions. 
During the Fall of2014 USAC sent questions to many private schools in Pue1to Rico asking, among 
other things, to explain how these schools dete1mined which E-Rate services to include in their 
application forms (the FCC Fonn 470). 1 Unfortunately, despite the fact that it was abundantly clear 
from the responses that the applicants did not understand what USAC was asking or were unable to 
articulate an adequate response in English due to a language banier, USAC did nothing to attempt 
to clarify the content of the answers that were provided. Then in May 2015 USAC began issuing 
decisions that retroactively rescinded funding commitments for multiple institutions and said it 
would seek recovery of all the funds that had been already disbursed, amounting to $2.5 million. 
Subsequently, most if not all schools filed appeals with USAC, which we understand were 
summruily denied without a discussion on the issues raised in the appeals. ln September 2015, the 
schools filed Requests for Review with the Commission.2 
The specific schools affected by USAC's decisions are identified in the Appendix. 
See Requests for Review of Decisions of the Universal Service Administrator by Consortium Escuelas 
Cat6 licas, CC Docket No. 02-6 (filed September 14, 2015); Requests for Review of Decisions of the Universal Service 
Administrator by Consorcio Colegios Cat61icos Di6cesis Fajardo y 1-lumacao, CC Docket No. 02-6 (fi led September 15, 
2015); Requests for Review of Decisions of the Universal Service Administrator by Consortium Colegio Cat6l ico Notre 
Dame Secundario, CC Docket No. 02-6 (filed September 14, 20 l 5); Requests for Review of Decisions of the Universal 
Service Administrator by Robinson School, CC Docket No. 02-6 (fi led September 18, 20 l 5). 
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I cannot offer an opinion on the merits of the appeals. However, I feel compelled to call your 
attention to the fact that these schools and the thousands of students they serve in Puerto Rico have 
been severely disadvantaged in this infonnation gathering process by USAC because their primary 
language is Spanish and, as a consequence, many of the schools' representatives fonnulated 
responses in English that were inadequate. There is clearly a language barrier that is at the root of 
this issue and in order to prevent an unfair discrimination against my constituents on the basis of 
their primary language the Commission needs to work with USAC and the stakeholders to help find 
a solution. 
The goal of the E-Rate program is to ensure that all schools, libraries - and most importantly, 
students - have access to the tools they need to compete and succeed in the digital age. If USAC 
was truly seeking the truth about the applications in question its personnel should have followed up 
with the schools to clarify the responses. USAC's failure to do so means that, unless USAC's 
decisions are set aside by the Conunission, some of the poorest children in the United States will 
continue to be bypassed by 21st Century educational opportunities. As of 2010, 56.3 percent of 
children aged 0 to 17 in Puerto Rico lived below the poverty line.3 These are the very students the 
E-Rate program was designed to reach and if the C01mnission does not redress this problem the E­
Rate program will be failing in its mission when it comes to Puerto Rico. I am not asking for 
"special treatment." I am asking that you provide schools in Puerto Rico a fair and equal 
opportunity vis-a-vis schools on the mainland to participate in the E-Rate program regardless of 
their primary language. 
Therefore, I urge the Co1mnission to take the steps necessary to modify USAC's procedures to 
ensure that the children of Puerto Rico have a fair and equal opportunity to participate in the E-Rate 
program. The Commission can take a step in this direction by requiring USAC to: 
1. Provide the E-Rate application fonns and the instructions to those fonns in Spanish; 
2. Have customer support (telephone and email) available in Spanish; 
3. Assign application reviewers who are fluent in Spanish to Puerto Rico applicants; 
4. Offer in-person training in Puerto Rico in Spanish (which has never been scheduled to occur 
in Puerto Rico in the history of the E-Rate program); 
5. Have training materials on its website in Spanish; and 
6. Reach out to applicants in Puerto Rico to ensure they are aware of these resources as they 
become available. 
Thank you for your attention to this imp01iant issue. I am confident that, working together, we can 
ensure that Puerto Rico's children continue to be able to access the critical educational resources 
that the E-Rate program offers. 
Sincerely, 
Member of Congress 
See American Community Survey Briefs, Child Poverty in the United States 2009 and 2010: Selected Race 
Groups and Hispanic Origin, Table I, page 9. 
APPENDIX 
Puerto Rico private schools who had their Funding Year 2014 E-rate commitments rescinded 
byUSAC: 
""'''··'){'.' ' .. ,.:.::·•::1:;1;::snrettF:Etitrt\\';mUmtHi'it'" ,, 
Colegio Nuestra Senora del Rosario 198187 
Colegio San Jose Elemental 199864 
Consortium Escuelas Cat6licas 231955 
Colegio San Rafael 158943 
Colegio San Juan Bosco 159199 
Colegio Nuestra Senora de! Cannen 158961 
Academia Sai1ta Teresita 200008 
Colegio Sagrada Fainilia 198178 
Colegio Cat6lico La Merced 200051 
Academia Cristo de Los Milagros 157732 
Academia San Alfonso 199998 
Colegio San Jose Superior 216679 
Colegio San Juan Bautista 159097 
Colegio San Felipe 159193 
Colegio Nuestra Senora del Pilar 199874 
Colegio San Benito 159938 
Colegio Nuestra Sefiora del Perpetuo Socorro 200273 
Colegio Nuestra Sefiora de! Cai·men 159108 
Colegio Santiago Apostol 200062 
Colegio Cat6lico Notre Dame Secundario 201210 
Colegio Cat6lico Notre Dame Elemental 199857 
Colegio San Carlos Borromeo 219595 
Academia Inmaculada Concepcion Superior 159940 
Academia Inmaculada Concepcion Elemental 219946 
Robinson School 200286