FCDL Comment:
We have completed our review and determined that this FRN should be denied for not conducting a fair and open competitive bidding process. The FCC Form 470 897830001138587 that established the bidding for this FRN is encyclopedic because both the description and the quantities of the services sought were open ended. FCC rules require that applicants submit "bona fide requests for services" by conducting an internal assessment of the components necessary to use effectively the discounted services ordered and submitting a complete description of services requested so that it may be posted for competing providers to evaluate. Per the FCC's Ysleta Order, an applicant's FCC Form 470 must be based upon its carefully thought-out technology plan and must detail specific services sought in a manner that would allow bidders to understand the specific technologies that the applicant is seeking. An FCC Form 470 should not be a general, open-ended solicitation for all services available on the Eligible Services List, with the hope that bidders will present more concrete proposals. In response to our intent to deny letter, you stated that any potential bidders would have been provided with more specific information. However, information provided to USAC demonstrated that a prospective bidder sought additional information and clarification pertaining to the "other eligible telecom services" and "other eligible Internet services" listed on your FCC Form 470, but you failed to provide any additional detail and just referred them back to the FCC Form 470. As a result, the prospective bidder was deterred from submitting a valid bid. The program rules require applicants to be ready to accept and to carefully consider all bids and respond to any bona fide inquiries related to their FCC Form 470. Since you did not comply with these requirements, the FRN is denied.