The FCC consolidated 29 cases where the SLD mistakenly concluded that applicants violated the competitive bidding regulations. Before Funding Year 2004, based on the "Tennessee Order", the FCC required that schools take price into consideration when awarding the most cost-effective bidder. However, starting in Funding Year 2004, due to the Ysleta Order, the FCC concluded that price had to be the primary factor in selecting a winning bid.

The SLD denied 29 applicants funding in funding years 2000–2003 because they determined that price was not the primary factor when they determined their winning bidder. The FCC remanded these cases back for processing because the SLD used the wrong standard for these funding years. They used the Ysleta Order standard instead of the Tennessee Order.

Further information on the current competitive bidding regulations can be found at http://www.universalservice.org/sl/applicants/step04/construct-evaluation.aspx
The Providence Public School District's appeal was also remanded back to the SLD this week. In this case the SLD mistakenly determined that the ‘…service provider would be providing monitoring and network configuration management that go beyond basic maintenance…" There was confusion due to the schools RFP language, however, the FCC found that the SLD "…should have contacted Providence School to inquire specifically as to what work was actually being performed. Had USAC done so, Providence School would have had the opportunity, at that time, to provide additional documentation of the scope of work to be provided by UNICOM and SSC…"

 

View The Academia Discipulos de Cristo FCC Appeal

View The Providence Public School District's FCC Appeal