FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,870
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Federal Cnmmunicatnnn (rm misin
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Federal Communications Commission
Washington, DC 20554
In the Matter of )
Request for Waiver and Review of )
a Decision of the )
Universal Service Administrator by )
Burke County Board of Education ) File No. SLD-535983
Waynesboro, Georgia )
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
Adopted: July 30, 2012 Released: July 30, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,' we grant a request from the Burke County Board of Education
(Burke County)' seeking review of a decision made by the Universal Service Administrative Company
(USAC) under the E-rate program (more formally known as the schools and libraries universal service
support program) denying a request for support on the grounds that the applicant failed to comply with
state and local procurement laws.' Based on our review of the record, the underlying application involves
the same alleged competitive bidding issue addressed in the Aberdeen Order, in which we determined that
Burke County conducted a fair and open competitive bidding process under Commission rules in effect at
the time.' We therefore grant the request for review as it concerns FCC Form 471 application number
535983 and remand the application to USAC for additional processing consistent with this order.'
2. To ensure that the underlying application is resolved expeditiously, we direct USAC to
complete its review of the application and issue an award or a denial based on a complete review and
' Requests for Review of Decisions of the Universal Service Administrator by Aberdeen School District, et al.,
Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 1941 (2012)
(Aberdeen Order) (finding that the petitioners conducted a fair and open competitive bidding process under
Commission rules in effect at the time of their applications).
2 See Letter from James Hyder, Jr., General Counsel, Burke County Board of Education, to Office of the Secretary,
Federal Communications Commission, CC Docket No. 02-6 (filed Oct. 29, 2010) (regarding FCC Form 471
application number 535983, funding request number (FRN)1483243).
3 Section 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of
USAC may seek review from the Commission. 47 C.F.R. 54.719(c).
4 See Aberdeen Order, 27 FCC Red 1941, para. I.
5 We intend to address the remaining issues concerning Burke County's FCC Form 471 application number 530681
(FRN 1464648), FCC Form 471 application number 529893 (FRNs 1463004, 1462672, and 1457299), and FCC
Form 471 application number 522743 (FRN 1455019) in a subsequent order.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/37/: accessed October 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.