FCDL Comment:
DR1:No contract or legally binding agreement was in place when the FCC Form 471 Certification was filed. FCC Rules require that a contract be signed and dated by the applicant or a legally binding agreement is entered into prior to the filing of the FCC Form 471 Certification for the products and services requested. Since this requirement was not met, the FRN is denied.||MR1:FRN modified in accordance with a RAL request.||MR2:The Contract Expiration Date was changed from 6/30/2018 to 6/30/2037 to agree with the documentation provided during the review of the FCC Form 471.||MR3:The Total Strands for FRN 1799048775 was modified from 96 to 144 to agree with the applicant documentation.||MR4:The Average Cost Per Foot of Outside Plant for FRN 1799048775 was modified from $8.52 to $8.02 to agree with the applicant documentation.||MR5:The request for the State/Tribal Match was modified from “Yes” to “No.” During the Fiber Review, it was determined that the Source of State/Tribal funding is not an acceptable source for the match program. Therefore, FRN 1799048775 has been modified from 50.00% to 40.00%. ||MR6:Per FCC Order 14-189, to prevent warehousing of excess fiber capacity, applicants may only receive funding for special construction charges for Lit Fiber or Leased Dark Fiber if it is lit within the same funding year. If excess strands are being installed that will not be lit during the current FY and will be used by an ineligible entity or for an ineligible purpose; the applicant must provide a cost allocation for any variable costs of installing a higher strand cable as opposed to installing the strands needed just for the applicant’s exclusive use. The amount of the funding request was changed from $160,000.00 to $146,699.70 to remove $13,300.32 associated with ineligible excess fiber capacity.||MR7:The Contract Award Date was changed from 4/17/2017 to 5/10/2017 to agree with the documentation provided during the review of the FCC Form 471.||MR8:Your FRN has been approved with the Contract Expiration Date of 6/30/2037. Although the contract indicates you were seeking a contract with extensions, your contract does not include a definite end to the number of extensions. Program requirements do not allow for contracts with indefinite terms. Therefore, you must file a new FCC Form 470, evaluate the bids received and sign a new contract with a finite contract term for Funding Year 2038 and onwards for which you will seek this service.