FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,721
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2. Anaheim City sought E-rate program support for EVDO mobile broadband services and
EVDO connection cards as Internet access in funding year 2006.s USAC denied the request finding that
Anaheim City sought support for services that were not eligible for E-rate funding.6 Sprint petitioned the
Commission for review of USAC's decision to deny funding for the EVDO services and for a waiver
permitting Anaheim City to correct its application to seek funding for the connection cards as internal
connections.7 Sprint is correct that wireless Internet access designed for portable devices was eligible in
funding year 2006 - provided that applicants allocate the costs of the requested services between on- and
off- campus use of the service." Therefore, based on our review of the record, we find that Anaheim
City's request for wireless Internet access service through EVDO service is eligible. We direct Anaheim
City to provide USAC with an allocation of the costs, if any, associated with the off-campus use of the
wireless Internet services.' Once a cost allocation is determined, we direct USAC to reduce Anaheim
City's funding request by the costs associated with the off-campus use of this service.
3. We next deny Sprint's request for waiver to allow Anaheim City to correct its application
and seek E-rate funding for EVDO connection cards as internal connections." We find that Sprint has not
demonstrated that the connection cards were eligible as internal connections nor that Anaheim City's
request for the cards as Internet access was an administrative or clerical error." Therefore, we deny
Sprint's waiver request and direct USAC to reduce Anaheim City's funding request by the costs of all
5 See Anaheim City School District, FCC Form 470, dated Dec. 5, 2005; Anaheim City School District, FCC Form
471, dated Feb. 14, 2006. An EVDO connection card is a device used for mobile broadband. It is a way to access
wireless Internet on a computer via the cell phone network rather than through a Wi-Fi connection. As with cell
phones, users may have the choice between choosing a card for use on a pre-paid basis and getting a card tied to a
service subscription. See Harry Newton, Newton's Telecom Dictionary at 348 (25th ed. 2009).
6 See Letter from Schools and Libraries Division, USAC, to Christina Halley, Sprint Specturm, L.P., Funding
Commitment Decision Letter, dated Sep. 19, 2006.
7 Request for Review at 1-2.
8 2006 ESL, at 17, 23 (stating that wireless Internet access service designed for portable devices may be funded,
provided that the applicant has in place an auditable system to allocate between eligible and ineligible uses is
eligible under the Internet access category of the eligible services list).
9 Eligible users and locations are those that are involved with activities that are integral, immediate, and proximate
to the education of students or the provision of library services to patrons. The presumption is that activities on
school or library property meet this standard. Id. at 65-66. See also Schools and Libraries Universal Service
Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking,
18 FCC Rcd 9202, 9208, para. 17-19 (2003) (establishing a presumption that activities that occur in a library or
classroom or on library or school property are integral, immediate, and proximate to the education of students or the
provision of library services to library patrons).
0o Request for Review at 2-3.
1" End-user equipment is not eligible for E-rate funding and other equipment is not eligible if it is provided in or
with end-user equipment. See, e.g., 2006 ESL at 25-43 (listing eligible, conditionally eligible, and ineligible internal
connections components). See also Request for Waivers and Review of the Decisions of the Universal Service
Administrator by Beth Rivka School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos.
SLD-63 1977, et al., CC Docket No. 02-6, Order, 25 FCC Red 10653, 10662-10663, paras. 20-21 (Wireline Comp.
Bur. 2010) (Beth Rivka School Order) (finding that applicants may not make substantive changes to the FCC Form
471 months after the application is submitted).
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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/m1/64/: accessed July 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.