******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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 ) ) Federal-State Joint Board on ) CC Docket No. 96-45 Universal Service ) ) Changes to the Board of Directors of the ) CC Docket No. 97-21 National Exchange Carrier Association, Inc. ) ) and the Application of ) ) Saint Jo Independent ) File No. SLD-47940 School District ) Saint Jo, Texas ) ) ORDER Adopted: August 2, 1999 Released: August 2, 1999 By the Common Carrier Bureau: 1. This Order denies an appeal filed May 4, 1999 by Saint Jo Independent School District ("Saint Jo") from a decision of the Schools and Libraries Division ("SLD") of the Universal Service Administrative Company to deny Saint Jo's application. We agree with SLD's determination that Saint Jo's FCC Form 471 application, which eligible schools and libraries must file in order to request discounts on eligible services, was received after the close of the 1999-2000 filing window, and that its application was therefore properly denied. 2. Saint Jo recites that on April 20, 1999 it was informed by SLD that Saint Jo's Form 471 application was received by SLD after the filing window closed at 11:59 p.m. ET on April 6, 1999. Saint Jo asserts that "[t]his is ridiculous" because all forms it previously sent to SLD were received on time, and it submits copies of certified mail receipts to show that average delivery time has been about four days. By contrast, Saint Jo maintains, although its Form 471 application was postmarked March 29, 1999, the certified mail receipt indicates that it was not delivered to SLD until April 12, two weeks later. 3. SLD is authorized to establish and implement filing periods for FCC Form 471 applications by schools and libraries seeking to receive discounts for eligible services. See 47 CFR  54.507(c). SLD considers applications received outside the filing window only if there are funds available after funding commitments are made for applications received within the window. The documentation submitted by Saint Jo clearly establishes that its FCC Form 471 application was received by SLD six days after the close of the 1999-2000 filing window. The evidence presented by Saint Jo of receipts from its prior mailings only shows that the time required for delivery of certified mail varies considerably, but not that its current filing was timely. We also point out in this regard that Saint Jo had an alternative means for filing its application. The instructions for completing FCC Form 471 provide that the form may be mailed or filed electronically and state specifically that applicants "are encouraged to complete and submit this form electronically." FCC Form 471 Instructions, Sections II B, III. In these circumstances, we conclude that SLD reached the correct result. 4. 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 appeal filed by Saint Jo Independent School District on May 4, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Lisa M. Zaina Acting Deputy Chief Common Carrier Bureau