FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,687
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maintenance and Novell Netware should not have been denied because the ineligible services did not
amount to 30 percent or more of the entire funding request.30 Moreover, at this time, we find no evidence
in the record of waste, fraud or abuse, or misuse of funds, or a failure to adhere to core program
requirements with regard to these services. We therefore remand FRN 777102, as it relates to funding for
the first year of server maintenance and Novell Netware, to USAC for further consideration in accordance
with the terms of this order.
7. As for Birmingham's funding request for installation and repair replacement services, we
find that these services were not subject to a competitive bidding process."31 The record shows that
Birmingham developed an RFP in which it sought competitive bids for data equipment, Cyberpatrol
License Renewal, McAfee Netshield, server maintenance, and Novell Netware.32 After receiving bids for
the requested services, it appears that Birmingham submitted its FCC Form 471 application seeking
support for those services as well as for installation and repair replacement services.3 As noted above, an
applicant must describe the services for which it seeks support on the FCC Form 470 or indicate on the
form that it has an RFP available providing detail about the requested services4 The E-rate program
rules require applicants to describe the desired services with sufficient specificity to enable potential
service providers to submit bids for such services.3s Based on our review of the record, however,
installation and repair and replacement services were not included in Birmingham's RFP and thus were
not subject to a competitive bidding process in accordance with the Commission's rules. We therefore
deny Birmingham's request for review with regard to these services.'6
8. FRN 772747. USAC denied funding for FRN 772747 because it found that Birmingham
did not use price as the primary factor in the vendor selection process,37 as required by the Commission's
2003 Ysleta Order, " but instead used price only as one of several important considerations. The record
shows that Birmingham initiated its vendor selection process before the release of the Ysleta Order."9
30 In addition, the Commission has since directed USAC to allow applicants the opportunity to remove ineligible
services from the funding request. Requests for Review of the Decisions of the Universal Service Administrator by
Aiken County Public Schools. et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No.
02-6, Order, 22 FCC Red 8735 (2007).
31 See 47 C.F.R. 54.504 (2002), amended by 47 C.F.R. 54.503 (2011).
32 Request for Review at 1-2; Birmingham City Schools, Request for Proposal, No. 12-01-201-19 (dated Dec. 19,
2001) (Birmingham RFP).
33 See Birmingham FCC Form 471; Request for Review at 2.
34 See Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB
3060-0806 (September 1999) (FCC Form 470); Schools and Libraries Universal Service, Description of Services
Requested and Certification Form, OMB 3060-0806 (October 2004) (current FCC Form 470).
3 47 C.F.R. 54.504 (2002), amended by 47 C.F.R. 54.503 (2011).
3' See Birmingham RFP.
37 See USAC Decision on Appeal at 4-5.
3" See Ysleta Order, 18 FCC Rcd 26407.
, Birmingham initiated its vendor selection process by posting its FCC Form 470 on November 20, 2001. See FCC
Form 470, Birmingham City Schools (posted Nov. 20, 2001). The Ysleta Order was released on December 8, 2003.
See Ysleta Order, I8 FCC Red 26407.
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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/m1/30/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.