Federal Communications Commission fcc 13-100 Before the Federal Communications Commission

1^ See supra paras. 82-85.

2^ See Gates Ex Parte Letter at 6-7.

3^ Id.

1^ National Broadband Plan Recommendation 11.20.

1^ See supra n.79. Applicants provide the information in the Item 21 attachments they provide with their funding applications. USAC does not publicly disclose this data. See USAC, Schools and Libraries, Item 21, available at http://www.universalservice.org/sl/applicants/step04/item-21.aspx (last visited July 15, 2013).

2^ For more information about the lowest corresponding price rule, see supra paras. 212-213.

1^ See 47 C.F.R. § 54.501(c)(3).

1^ Second Report and Order, 18 FCC Rcd at 9213-15, paras. 31-37.

1^ SECA has noted that “[v]ery few, if any, entities receive viable bids as a result of their priority one form 470 postings [but rather] applicants must [often] reach out to prospective service providers to encourage them to participate in the procurement.” SECA E-rate Broadband NPRM Comments at 10.

1^ 47 C.F.R. § 54.503(c).

2^ Id.

1^ See USAC, Schools and Libraries, Selecting Service Providers, available at http://www.usac.org/sl/applicants/step03/default.aspx (last visited July 15, 2013).

1^ See Universal Service First Report and Order, 12 FCC Rcd at 9078, para. 575 (noting that applicants must provide sufficient detail “to allow providers to reasonably evaluate the requests and submit bids”).

2^ See Request for Review by Ysleta Independent School District of the Decision of the Universal Service Administrator, CC Docket Nos. 96-45, 97-21, Order, 18 FCC Rcd 26407, 26421, para. 29 (2003) (Ysleta Order).

1^ See 47 C.F.R. § 54.503(a).

2^ See 47 C.F.R. § 54.503(b).

1^ See 47 C.F.R. § 54.504.

1^ 47 C.F.R. §§ 54.500(f); 54.511(b).

1^ See USTelecom/CTIA Petition at 1. The “lowest corresponding price” is defined as “the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services.” 47 C.F.R. § 54.500(f).

2^ See USTelecom/CTIA Petition at 1. See also 47 C.F.R. § 54.511(b).

3^ See USTelecom/CTIA Petition Public Notice.

1^ See Ysleta Order, 18 FCC Rcd at 26429, para. 50.

1^ See Schools and Libraries Third Report and Order, 18 FCC Rcd at 26947, para. 87. The majority of commenters stated that implementation of a standard to evaluate cost-effective decisions would be administratively difficult. See, e.g., Verizon Schools and Libraries Third Report and OrderComments, CC Docket No. 02-6, at 13-15 (filed Mar. 11, 2004); Council of Great City Schools Schools and Libraries Third Report and Order Comments, CC Docket No. 02-6, at 4-5 (filed Mar. 11, 2004); General Communication, Inc. Schools and Libraries Third Report and Order Comments, CC Docket No. 02-6, at 7-8 (filed Mar. 11, 2004); Education and Libraries Networks Coalition Schools and Libraries Third Report and Order Comments, CC Docket No. 02-06, at 3-4 (Mar. 11, 2004); American Library Association Schools and Libraries Third Report and Order Comments, CC Docket No. 02-6, at 18-19 (Mar. 11, 2004); Central Susquehanna Intermediate Unit Schools and Libraries Third Report and Order Comments, CC Docket No. 02-6, at 2-3 (Mar. 10, 2004); Alaska Dept. of Educ. & Alaska State Library Schools and Libraries Third Report and Order Comments, CC Docket No. 02-6, at 9 (filed Mar. 10, 2004).

1^ Schools and Libraries Third Report and Order, 18 FCC Rcd at 26919, para. 17. The Commission determined that recipients of support are expected to use all equipment purchased with universal service discounts at the particular location, for the specified purpose, for a reasonable period of time.

1^ See supra para. 122.

2^ See supra para. 150.

1^ See Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18789-91, paras. 58-63.

1^ See USAC, Schools and Libraries, Forms, available at http://www.usac.org/sl/tools/forms/default.aspx (last visited July 15, 2013).

2^ See USAC, Schools and Libraries, Application Review, available at http://www.usac.org/sl/applicants/step05/default.aspx (last visited July 15, 2013).

1^ See infra n.295 for explanation of the PIA review process.

1^ See SECA NPRM Comments at 21.

2^ See supra para. 1.

3^ See Wireline Competition Bureau Establishes the Effective Date for Electronic Disbursement of Universal Service Support Payments, CC Docket No. 02-6, Public Notice, 25 FCC Rcd 7067 (Wireline Comp. Bur. 2010); 31 U.S.C. § 3332(f)(1).

4^ See E-rate Broadband NPRM, 25 FCC Rcd at 6887, para. 33; SECA E-rate Broadband NPRM Comments at 21.

5^ See SECA E-rate Broadband NPRM Comments at 21.

6^ Id.

1^ SECA June 2013 White Paper at 17-19; SECA E-rate Broadband NPRM Comments at 20-21.

2^ SECA E-rate Broadband NPRM Comments at 20-21.

3^ SECA June 2013 White Paper at 18.

1^ See Universal Service Administrative Company Seeks Comment on Goals and Features to be Considered for the Potential Information Technology Modernization of the Systems Supporting the Administration of the Schools and Libraries Program of the Federal Universal Service Fund, dated Feb. 19, 2013 (comments and reply comments were due on March, 22, 2013 and April 12, 2013, respectively), available at http://www.usac.org/_res/documents/sl/pdf/SLITM/RFC-Full-Notice.pdf (last visited July 15, 2013).

1^ See Universal Service Administrative Company, 2012 Annual Report at 20, available at http://www.usac.org/_res/documents/about/pdf/annual-reports/usac-annual-report-2012.pdf (last visited July 15, 2013) (2012 USAC Annual Report).

1^ See Letter from the State E-rate Coordinators Alliance, to Gina Spade, Wireline Competition Bureau, Federal Communications Commission, CC Docket No. 02-6, GN Docket No. 09-51, at 1-2, 4-5 (filed Aug. 1, 2011) (concerning black holes and COMADs) (SECA August 2011 White Paper).

2^ Id. at 4-5; see USAC website, Schools and Libraries, Schools and Libraries Service Program, Services Ordered and Certification Form 471 Application Status, available at http://www.sl.universalservice.org/FY3_form471/471StatusCheck.asp (last visited July 15, 2013).

3^ Id.

1^ For example, after an FCC Form 471 application and the associated Item 21 attachment(s) are filed within the filing window, USAC checks the information on the forms for completeness and accuracy as part of its PIA review and may request additional information. See USAC website, Schools and Libraries, Application Review, available at http://www.usac.org/sl/applicants/step05/default.aspx (last visited July 15, 2013). Also, selective review is a separate component of the PIA process that follows up on certifications that applicants make on their FCC Form 471 application about the competitive bidding process and the necessary resources to make effective use of requested services. See USAC website, Schools and Libraries, Selective Review, available at http://www.usac.org/sl/applicants/step05/selective-review.aspx (last visited July 15, 2013).

2^ United States Government Accountability Office Report to Congressional Requestors, “FCC Should Assess the Design of the E-rate Program’s Internal Control Structure,” GAO 10-908 (Sept. 29, 2010).

3^ Id.

1^ See supra paras. 226-227.

1^ SECA August 2011 White Paper at 5.

2^ Id.

1^ See USAC, Schools and Libraries, Application Review, available at http://www.usac.org/sl/applicants/step05/default.aspx (last visited July 15, 2013).

2^ Id.

3^ See, e.g., Requests for Review of the Decision of the Universal Service Administrator by Academia Claret; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21 FCC Rcd 10703, 10709, para. 14 (Wireline Comp. Bur. 2006) (providing applicants with a 15-day opportunity to file additional documentation regarding their requested discount rates);  Request for Review of a Decision of the Universal Service Administrator by Odyssey Charter School;  Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 6875, 6876, para. 2 (Wireline Comp. Bur. 2011) (granting the applicant a limited 60-day opportunity to file documentation supporting its requested discount rate);  Request for Review of a Decision of the Universal Service Administrator of Aberdeen School District 5; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 2152, 2152, para. 1 (Wireline Comp. Bur. 2012) (providing applicants with a limited 15-day opportunity to file additional documentation to support their calculations of the correct discount rates).

1^ http://www.usac.org/sl/applicants/beforeyoubegin/non-traditional/eligibility-table.aspx. See also 47 C.R.F. § 54.500 (definitions of eligible elementary school and educational purpose).

2^ See infra. para. 296; Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18775-76, paras. 24-26.

1^ See USAC, Schools and Libraries, Contracts, available at http://www.usac.org/sl/applicants/step03/contracts.aspx (last visited July 15, 2013).

2^ See 47 C.F.R. § 54.507(e).

3^ See, e.g., Ex-parte Letter from Michael D. Casserly, Executive Director, Council of the Great City Schools, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 and GN Docket No. 09-51, filed Oct. 3, 2011, at 1 (explaining that despite a contract and service being the same as the one approved in the previous year for a multi-year contract, district applicants often had to undergo identical review processes and PIA audits year after year, with no actual benefit to the applicant or USAC) available at http://apps.fcc.gov/ecfs/document/view?id=7021712500 (last visited July 15, 2013).

1^ See Healthcare Connect Fund Order, 27 FCC Rcd at 16801-02, paras. 296-97.

1^ 47 C.F.R. § 54.502; see infra Proposed Rules (Appendix A) (showing revisions to section 54.502 of the Commission’s rules which remove references to telecommunications services and Internet access as regulatory categories).

1^ See USAC, Schools and Libraries, Eligible Services List, available at http://www.usac.org/sl/applicants/beforeyoubegin/eligible-services-list.aspx (last visited July 15, 2013).

2^ Schools and Libraries Universal Service Support Mechanism, A National Broadband Plan for Our Future, CC Docket No. 02-6, GN Docket No. 09-51, Report and Order, 27 FCC Rcd 11348, 11350 (Wireline Comp. Bur. 2012) (2013 ESL Order); Wireline Competition Bureau Seeks Comment on Draft Eligible Services List for Schools and Libraries Universal Service Program, CC Docket No. 02-6 and GN Docket No. 09-51, Public Notice, 27 FCC Rcd 7405 (Wireline Comp. Bur. 2012) (ESL Public Notice).

3^ 2013 ESL Order, 27 FCC Rcd at 11350, para. 5.

4^ See SECA ESL Public Notice Comments, CC Docket No. 02-6, at 1 (noting, for example, that while distinction between two of the existing Priority One services, “Telecommunications Services” and “Telecommunications” highlights different regulatory treatments, it is not meaningful to most applicants); Kellogg & Sovereign (Kellogg & Sovereign) Consulting ESL Public Notice Comments, CC Docket No. 02-6, at 2-4 (noting that the different rules for which type of service provider can provide a particular service adds another layer of complexity to the already-complex set of E-rate program rules; as an example, it asserts that many applicants erroneously think that they do not need to request Internet access when they are requesting cellular service with data packages and email access).

5^ 2013 ESL Order, 27 FCC Rcd at 11350, para. 5 (directing USAC, in conducting PIA reviews, not to treat an applicant’s failure to correctly identify the type of priority one service it is seeking on the FCC Form 470 as an automatic violation of the section 54.503 competitive bidding requirements).

6^ Id. at 11351, para. 8.

1^ Healthcare Connect Fund Order, 27 FCC Rcd at 16729-30, para. 111.

2^ See 47 C.F.R. § 54.503(c)(i), (ii) (stating that the FCC Form 470 and any request for proposal cited in the FCC Form 470 must include, at a minimum, the following information with respect to the services requested: (i) a list of specified services for which the applicant anticipates it is likely to seek discounts; and (ii) sufficient information to enable bidders to reasonably determine the needs of the applicant); see also Request for Review of Decisions of the Universal Service Administrator by Approach Learning and Assessment Centers et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 23 FCC Rcd 15510 (Wireline Comp. Bur. 2008).

1^ 2013 ESL Order, 27 FCC Rcd at 11351, para. 8.

2^ See 47 C.F.R. § 54.520 (providing the Commission’s requirements for compliance with CIPA).

3^ See SECA June 2013 White Paper at 17 (recommending that the certifications for CIPA and the technology plan be added to the FCC Form 471).

4^ Id.

1^ See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Order, 15 FCC Rcd 22975, 22980, para. 13 (2000) (Commitment Adjustment Implementation Order).

2^ Id. at 22977, para. 4. See Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15812, 15808, at paras. 10, 16 (2004) (Schools and Libraries Fifth Report and Order).

3^ Id. at 15815-16, para. 21; Request for Review by Mastermind Internet Services, Inc., Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 96-45, Order, 16 FCC Rcd 4028 (2000).

4^ Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15816, para. 22.

5^ Id. at 15815, 15816, 15817, paras. 19, 25, 27.

6^ See 31 U.S.C. § 3701(b)(1)(C).

1^ See supra paras. 65-66.

1^ See infra Appendix C, Funding Requested vs. Available and Disbursed (FY 1998 – 2011).

2^ See Schools and Libraries Third Report and Order, 18 FCC Rcd at 26935, para. 55; see also Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18780, paras. 34-40; 47 C.F.R. § 54.507(a)(3).

1^ See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 13510 (2001); see also 47 C.F.R. § 54.507(d).

1^ See, e.g., USAC, Schools and Libraries, Schools and Libraries News Brief, Sept. 14, 2012, available at http://www.usac.org/sl/tools/news-briefs/preview.aspx?id=447 (last visited July 15, 2013).

2^ See Universal Service for Schools and Libraries Adjustment to Funding Commitment and Modification to Receipt of Service Confirmation Form, FCC Form 500, OMB 3060-0853, available at http://www.usac.org/_res/documents/sl/pdf/forms/500.PDF (April 2007) (last visited July 15, 2013).

1^ See FCC Form 474, Service Provider Invoice (SPI) Form.

2^ See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Notice of Proposed Rulemaking, 17 FCC Rcd 1914, 1919, para. 9. See also Schools and Libraries Second Report and Order, 18 FCC Rcd at 9217, para. 42. We note that service providers reimbursing billed entities via the BEAR process must remit the discount amount authorized by USAC to the billed entity within 20 days of receiving the reimbursement payment from USAC. See 47 C.F.R. § 54.514 (a); Schools and Libraries Second Report and Order, 18 FCC Rcd at 9219, para. 51.

1^ Universal Service First Report and Order, 12 FCC Rcd at 9083, para. 586.

1^ 47 U.S.C. §§ 254(h)(1)(B)(i)-(ii); Universal Service First Report and Order, 12 FCC Rcd at 9083, para. 586.

2^ Universal Service First Report and Order, 12 FCC Rcd at 9083, para. 586.

3^ See Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393, 443-44 (1999) (holding that although section 254(h)(1)(B) is limited to providing support for telecommunications carriers, the court was “convinced that Congress intended to allow the FCC broad authority to implement this section of the Act,” and that the Commission thus had authority to provide support to non-carrier service providers pursuant to sections 4(i) and 254(h)(2)(A) of the Act).

4^ See FCC Form 472, Billed Entity Applicant Reimbursement (BEAR) Form.

5^ Id.

1^ While striving to improve administrative efficiency, we acknowledge the importance of encouraging compliance with the various requirements of the E-rate program when submitting forms to USAC. See infra E-rate FCC Form Certification Requirements at paras. 302-303.

2^ See U.S. Gov't Accountability Office, GAO-11-11, Telecommunications: Improved Management Can Enhance FCC Decision Making for the Universal Service Fund Low-Income Program (2010).

1^ The invoice deadline is not established by a Commission rule; rather, it is established by USAC in accordance with its administrative authority.

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