FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,683
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Federal Communications Commission
Washington, DC 20554
In the Matter of )
Request for Review ofa )
Decision of the )
Universal Service Administrator by )
Birmingham City Schools ) File No. SLD-294199
Birmingham, Alabama )
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
Adopted: June 12, 2012 Released: June 12, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,' we grant in part and deny in part an appeal of a decision by
the Universal Service Administrative Company (USAC) filed by Birmingham City Schools
(Birmingham) denying funding under the E-rate program (more formally known as the schools and
libraries universal service support program).2 USAC denied three of Birmingham's funding requests on
'See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Red 8776,
9029, para. 481 (1997) (subsequent history omitted); Federal-State Joint Board on Universal Service, Access
Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and
Pricing, End User Common Line Charge, CC Docket Nos. 96-45 et. al., Report and Order and Fourth Order on
Reconsideration, 13 FCC Red 5318, 5452-53, para. 233 (1997); Request for Review by the Department of Education
of the State of Tennessee of the Decision of the Universal Service Administrator, Request for Review by Integrated
Systems and Internet Solutions, Inc., of the Decision of the Universal Board of Directors of the National Exchange
Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, 14 FCC Red 13734 (1997) (Tennessee Order);
Schools and Libraries Universal Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further
Notice of Proposed Rulemaking, 18 FCC Red 9202 (2003); 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 Red
26407 (2003) (Ysleta Order); Request for Review by Brooklyn Public Library, Federal-State Joint Board on
Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No.
SLD-149423, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Red 18598, 18606, n.23 (2000) (Brooklyn Order)
(stating that the "30-percent policy" is not a Commission rule, but rather is an internal USAC benchmark utilized
during its application review process, to enable USAC to approve funding requests for eligible services without
having to spend an excessive amount of time working with an applicant that for the most part is requesting funding
of ineligible services). In 2003, the Commission codified USAC's 30 percent processing procedure. See Schools
and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed
Rulemaking, 18 FCC Red 9202 (2003); 47 C.F.R. 54.504(d) (2003), amended by 47 C.F.R. 54.504(b) (2011).
2 See Letter from Dr. Wayman B. Shiver, Superintendent, Birmingham City Schools, to Marlene H. Dortch,
Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Feb. 25, 2004) (regarding funding year
(FY) 2002 FCC Form 471 application number 294199, funding request numbers (FRNs) 772747, 755102, and
755104) (Request for Review). In this order, we use the term "appeal" to generically refer to Birmingham's request
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/26/: accessed February 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.