FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,688
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Thus, USAC should have applied the standard then in effect from the Tennessee Order, which required
that price be a primary factor in the vendor selection process, not that price be given the greatest weight
during bid evaluations.2 Because the record shows that Birmingham satisfied the standards under the
Tennessee Order,4' we find that its competitive bidding process did not violate the Commission's
competitive bidding rules in effect at that time.42 In addition, there is no evidence in the record of waste,
fraud or abuse, or misuse of funds, or a failure to adhere to core program requirements at this time. We
therefore grant Birmingham's request for review with regard to FRN 772747 and remand this FRN as part
of application number 294199 to USAC for further consideration in accordance with the terms of this
9. FRN 755104. USAC denied FRN 755104 after determining that Birmingham signed a
contract for private branch exchange (PBX) maintenance prior to the expiration of the 28-day posting
period43 In its request for review, Birmingham states that it initiated the vendor selection process to
maintain the support of the existing vendor, BellSouth." Birmingham maintains that it informed
BellSouth that any contract would be contingent on E-rate funding being received.45 Upon review of the
record, we find that the allowable contract date for FRN 755104 was December 18, 2001.*' The record
shows, however, that Birmingham signed a contract for the underlying services on September 27, 2001,
almost three months before the allowable contract date.47 The record also contains a purchase order for
these services dated October 1, 2001."4 Birmingham has not presented any additional evidence
demonstrating that USAC erred in its decision. We therefore deny its request for review with regard to
10. We remand the underlying application to USAC for further action consistent with this
order. To ensure that the underlying application is resolved expeditiously, we direct USAC to complete
its review of the underlying application and issue an award or a denial based on a complete review and
analysis no later than 90 calendar days from the release date of this order. In remanding this application
to USAC, we make no finding as to the ultimate eligibility of the services or the petitioner's application.
II. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 and 254, and pursuant to
authority delegated under sections 0.91, 0.291, and 54.722(a) of the Commission's rules, 47 C.F.R.
0.91, 0.291, 54.722(a), that the request for review filed by Birmingham City Schools on February 25,
40 See Tennessee Order, 14 FCC Rcd at 13737-39, paras. 7-9.
41 See Request for Review at 6.
42 See 47 C.F.R. 54.504, 54.511 (2002), amended by 47 C.F.R. 54.503, 54.511 (2011).
43 See USAC Decision on Appeal at 4.
44 See Request for Review at 4.
"Birmingham FCC Form 470.
47 See Birmingham Public Schools, Agreement Number 97A002965 (dated Sept. 27, 2001).
4s See Purchase Requisition, Board of Education City of Birmingham, Purchase Order No. 02000488 (dated Oct. 1,
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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/m1/31/: accessed February 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.