FCDL Comment:
Your FRN is denied because no documentation was provided in response to the Administrator's Information Request issued to determine if you received any assistance from Educational Services Network Corp., SPIN 143029803, in the creation of the referenced FCC Form 470 for the FRN. A service provider that participates in the competitive bidding process as a bidder cannot be involved in the preparation or certification of the entity's FCC Form 470. Despite multiple attempts, you failed to respond to the Administrators Special Compliance Information Request. Since a response was not received, we are unable to make a positive determination that you conducted a fair and open competitive bidding process free from any improper service provider involvement and the FRN is denied. Additionally, you were asked how you determined the services to request on your FCC Form 470. Program rules state that applicants submit "bona fide requests for services." Per the FCC's Ysleta Order, an applicant's FCC Form 470 must detail specific services sought in a manner that would allow bidders to understand the specific technologies that the applicant is seeking. Thus, a Form 470 that sets out virtually all elements that are on the eligible services list would not allow a bidder to determine what specific services the applicant was seeking. Since you failed to respond, we are unable to make a positive determination that the services requested on the FCC Form 470 represent a bona fide request for services and the FRN is denied.