******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Request for Review ) of the Decision of ) the Universal Service Administrator by ) ) Greenfield School District ) File No. SLD-7767 Greenfield, Wisconsin ) ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 ) Changes to the Board of Directors ) CC Docket No. 97-21 of the National Exchange Carrier ) Association, Inc. ) ORDER Adopted: November 22, 1999 Released: November 22, 1999 By the Common Carrier Bureau: 1. The Bureau has under consideration a Letter of Appeal filed by the Greenfield School District (Greenfield) on July 2, 1999, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). Greenfield seeks review of the SLD's denial of its application for discounts under the schools and libraries universal service support mechanism. For the reasons set forth below, we grant the Letter of Appeal to the extent provided herein. 2. Under the schools and libraries universal service support mechanism, eligible schools, libraries, and consortia that include eligible schools and libraries, may apply for discounts for eligible telecommunications services, Internet access, and internal connections. 3. By letter dated January 26, 1999, the SLD denied Greenfield's request for discounts. Greenfield appealed the SLD's decision by letter dated February 12, 1999. On June 7, 1999, the SLD affirmed its initial funding decision. The Administrator's Decision on Appeal indicated that services listed by Greenfield as Internet access included some internal connection services. It further indicated that, where a particular funding request included some internal connections, the entire funding request was recategorized by SLD as internal connection services so as to "avoid the possibility of treating priority two services (internal connections) as priority one services (telecommunications, dedicated and Internet access services)." Because internal connections are funded only when a discount level of 70 percent or above has been shown, these services could not be supported for this funding period. 4. In its request for review of the SLD's decision that is now before us, Greenfield requests reimbursement for the monthly Internet access fees included in the funding request number (FRN) that SLD recategorized as priority two services. 5. In Williamsburg-James City, the Commission determined that, in cases where, as here, an FCC Form 471 was submitted before the establishment of the Commission's rules of priority in the Fifth Reconsideration Order, applicants could not have been aware of the need to segregate carefully their service requests. Consequently, the Commission held that, in appeals involving such circumstances, applications should be remanded to SLD for reprocessing, with priority one and priority two services being considered separately on their own merits. We, therefore, remand Greenfield's application and direct SLD to issue a new funding commitment decision letter based on the originally submitted FCC Form 471 and any further consultations with the applicant that may be necessary. 6. ACCORDINGLY, IT IS ORDERED, 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, and 54.722(a), that the Letter of Appeal filed by the Greenfield School District on July 2, 1999 IS GRANTED to the extent provided herein. 7. IT IS FURTHER ORDERED that the Administrator IS DIRECTED to implement the decision herein. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau