GOLD CONSULTIN G Entity: 16072100 School: S HIRAS CHAIM To: Letter of Appea l Schools and Libraries Division - Correspondence Unit 30 Lanidex Plaza West, PO Box 685 Parsippany, NJ 07054-0685 Fax: 973-599-6542 Lett er of Appeal 5 YALE DRIVE MONSEY, NY 10 952 PHONE 646-210-1876 FAX 845-738-1004 We wou ld like to appeal the decision of USAC to deny fo r FRNs 2852450, 2852462, 2852466 and 2852477 of 471 application # 1045476 and FRNs 2861607, 2861611, 2861618. 2861654, 2861662, 2861662, 2861671, 2861679, and 2861684of 471 application # 1048171. In the USAC FCDL dated 11120/2015 it states: DR I :The category of service of this F' RN is Voice Ser vices. Accord ing to the FCC Orde r 14-99, all Voice Services are subject to a phase down of sup port beginning in Fu nding Year 20 15. Therefore, this F' RN's redu ced discount rate is 0% and this FRN is denied.<><><><><>DR2: T he FRN ref ere nces a FCC For m 470 w hi ch has not been certified by the applicant. This is a violation of the competitive bidding Program rules. The FCC Fo rm 470 Certifi cat ion page must be completed to certif y the entity's compliance with all Program rules. I would li ke to appeal this decision as the school is not aware of being asked to provide any documentation for the above applications. Based on the FCDL comments we are providing the signed form 470 certifications and a copy of their lunch claims. Thank You for the Opportunity. Please forward a ll fu ture correspondence to sgoldltd@ao l. com Simon Goldbrener, Consultant
Transcript
GOLD CONSULTIN G
Entity: 16072100 School: SHIRAS CHAIM
To: Letter of Appea l Schools and Libraries Division - Correspondence Unit 30 Lanidex Plaza West, PO Box 685 Parsippany, NJ 07054-0685 Fax: 973-599-6542
Letter of Appeal
5 YALE DRIVE
MONSEY, NY 10952
PHONE 646-210-1876
FAX 845-738-1004
We would like to appea l the decision of USAC to deny fo r FRNs 2852450, 2852462, 2852466 and 2852477 of 471 application # 1045476 and FRNs 2861607, 2861611, 2861618. 2861654, 2861662, 2861662, 2861671, 2861679, and 2861684of 471 application # 1048171.
In the USAC FCDL dated 11120/2015 it states:
DR I :The ca tegory of service of this F'RN is Voice Ser vices. According to the FCC Order 14-99, all Voice Services a re subject to a phase down of support beginning in Fu nding Year 20 15. Therefore, this F'RN's reduced discount rate is 0% and this FRN is denied.<><><><><>DR2: T he FRN references a FCC Form 470 which has not been certified by the applicant. This is a violation of the competi tive bidding Program rules. The FCC Form 470 Certification page must be completed to certify the ent ity's compliance with all Program rules.
I would like to appeal this decision as the school is not aware of being asked to provide any documentation for the above applications.
Based on the FCDL comments we are providing the signed form 470 certifications and a copy of their lunch c laims.
Schools and Libraries Universal Service 4 70 Program Description of Services Requested
and Certification Form
r: ... ----1
FCC For m 470 Apptlcalion Number: 834700001342798
16. I certify that the applicant includes: (Check one or both.) a. P' schools under the starutoiy definitions of elementary and secondaiy schools fuund in the No Cliild Left
Behind Act of2001, 20 U.S.C. §§ 7801 (18) end (38), that do not operate as for-profit businesses, and do not have endowments exceeding $50 mill ion; and/or b. r libraries or library consortia eligible for assistance from a State library administrative agency under the
Library Services and Technology Act of I 996 that do not operate as for-profit businesses and whose budgets arc completely separate from any schools (including, but not limited to elementaiy and seoondaiy schools. colleges, and universities).
17. (RrscrvedJ
18. P' I certify that twill post my FCC Fonn 470 and (if applicable) make any applicableRFP available for at least 28 days befure considering all bids received and selecting a service provider. I cenify that all bids submitted will be carefully considered and the bid selected will be for the most cost~ffective service or equipment ottering, with price being the primary faclor, and will be the most cost-effective means of meeting educational needs and technology goals.
19. F7 I certify that I wiJI retain required documents for a period of at least I 0 years (or whatever retention period is required by the rules in effect al the time oflhis certification) after the last day of service delivered. I certify that I will retain all documents necessary to demonstrate compliance with the statute and Commission rules regarding the form for, receipt ot: and deliveiy of services receiving schools and libraries discounts. I acknowledge that I may be audited pursuant to participation in the schools and libraries program.
20. P' I certify that the services the applicanl purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes, see 4 7 C.F .R. § 54.500, and will not be sold, resold or transfecrcd in consideration for money or any other thing of value, except as pennittcd by the Commission's rules at 4 7 C.F.R. § 54.513. Additionally, I certify that the entity or entities listed on this fonn have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereofor any consultant in connection with this request for services.
21. P' I acknowledge that support under this support mechanism is conditional upon the scbool(s) and/or I ibraiy(ies) I represent securing access, separately or through this program, to all of the resources, including computers, training, software, internal connections, maintenance, and electrical capacity necessary to use the services purchased effectively. I recognize that some of the aforementioned resources are not eligible for support. I certify that l have considered what financial resources should be available to cover these costs.
22. P I certify that I am authorized to procure eligible services for the eligible entity(ies). I certify that ram authorized to submit this request on behalf of the eligible entity(ies) listed on this fonn, that I have examined this request, and to the best of my knowledge, information, and belief, al l statements of fact contained herein are true.
23. P I certify that J have reviewed all applicable FCC, state, and local procurement/competitive bidding requirements and that I have complied with them. l acknowledge that persons willfully making fulsc statements on this form may be punished by fine or forfeiture, under the Communications Act, 47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Tille 18 ofthe United States Code, 18 U.S.C. § I 00 I.
24. P I acknov.iedge that FCC rules provide that persons who Jave been convicted of criminaJ violations or held civilly liable for certain acts arising from their parti · ati in the schools and libraries support mechanism
are subject to suspension and debanncn~ the pn> ~
25. Signature of authorized person r 271. Printed name of authorized person Rabbi Pearlstein 27b. Ti~ or position of authorized person Administrator
f"" Check here ifthe consultant in Item 7 is the Authorized Person. l7t. Street Address, P.O. Box, Route Number, City, State, Zip Code
510 James Street LakewoodtNJ 08701
l7d. Telephone Number of Authorized Person (732) 987-5773 27e. Fax Number of Authorized Person (732) 987-5774 27[ &mail Address of Authorized Person [email protected] l7g. Name of Authorized Person's Employer Shiras Chaim
26. Date
FCC Form 470 Application Number: 834700001342798 SHIRAS CHAIM
1400 PINE ST LAKEWOOD, NJ 08701-'>000
Service provider Involvement with preparation or cert.lficaUon of an FCC Fonn 470 can taint the competitive bidding process and result in the denJal of funding requests. For more infonnation, refer to the Schools and Libraries area of the USAC web site at
www.usac.o sl or call the SLD Client Service Bureau at 1-888..20U100. OTJCE: Tn ~with Section S4.S03 of the fcdoW Communicalions Commission·s rules, ocrtain schools und libraries onlering se.viocs Iha! igjble foraod seeking universal scrviccdisoounts m~t file this Dtsaiplion ofS«Viocs Rcqursted and Catifiadion form (FCC Fonn 470) with the nivcnal S«ViccAdminislnllor. 47 C.F.R. § S4.S03(c). The collection of information Stem$ from the Commission's llUlhority under Section 254 of the
municetions Act of 1934, 11!111111cndod. 47 U.S.C. § 254. The data in IJ1c: report will be used to aisure thlll schools .,d libraries comply wilh the pe1i1ivc bidding .. cquircment conlainod in 47 C.F.R. § 54.503. Schools and libraries musl file lhis form lhcmsdves Ot as part ofaconsortiwn.
n agency '"8f not conduel or sponsor, l!l'ld a person is not requin:d to respond to, a collection of informotion uni~ it displays a currently vi!lid OMB I nmnba'.
FCC is authoriud under the Commuruc:attons Act of 1934. as amcradecl, to collect the mformlltion we n:qucst in this fonn. We will use the nlixmatioo you provide to dclcmUne whether approving this application is in the public interest. If we: believe thac may be a violelioo oc a potential ·ols:ion of any applit::llble stl!Ute, n:gul•ion. rule C1f orde'. your 11ppltca1ion may be referred to the Fedaal, wte., or local l&"'cy ~ible for vestigating. proseculiog. c:nf~ or implementing the 5tSUte, rule, rqiullllion or Older In cataiD cases, the in.bmllion in your 8WfiC8lian may be
i$doscd to the Dep.1mcnt of J~i<le or a court or adjudic:alive body when (a) the FCC; or (b) any anployec of the FCC. or(c:) the United Suus crruncnt i.s a party of e proceeding befoze the body or has en ullcrcst 1n the proceeding. In addition, infonnalHln provided in or submitted wi!b lhi.s oc in R$pOf1Se to subsequent inquiries may also be subject to disclosure consistent with the Communiations Act of 1934, FCC regublions, the
reedom oflnfuanal:ion Act. S U.S.C. § SS2. or other applicable law.
you owe a past due deb! to the federal govemmcrat. the infonnation you provide m~ also be disclosed to the DcpartmQ'lt oflhc Treastny finan(;ial Magancnl Service, o!hcf Fcd«al agencies and/or your employer to oflllcl your salary. lRS l&'t refund or olher paymcrat510 collect ths: debt. The FCC ay also provide lhc mfOIDlt11ion 10 these agmcics through Ilic matching of computer records ~en authori>Zd.
you do not provide the mfonnlllion we request on the fonn. the FCC may delay pro<:e$Sing of your ~plication or may mum your form withoul ion4
fon:going Notice i.s rcqum:d by the Pepcrwork Reduction Act of 1995. Pub. L. No. 1()4.13, 44 U.S.C. § 3501. 11 uq.
ublic: rqiorting burden (ex this collection of infunnation is eslimllled to avenge 3 hoois per response, including the time for ""'icwing inSIJ'Uetioos, · g existing dlla s-. 11.mrins and marntaining the data needed, compld1ng. and reviewing the collection of infum18lion. Send comments · ng this butdcra ettim11e or fllY other aspect of this collection of infonnaion., including suggestions for .Wwng the reporting bunk:n to the Fcdcnl
ommunicmions Commission, PetformllC Evallllllion and Records M~cnt. Wa,,iiington, DC 20SS4
Schools and Libraries UniversaJ Service 470 Program Description of Services Requested
and Certification Form
I™""
FCC Form 470 Application Number: 739110001286098
16. I certify that the applicant includes: (Check one or both.) a. P' schools under the statutory definitions of elementary and secondary schools found in the No Cllild Left
Behind Act of2001, 20 U.S.C §§ 7801 (18) and (38), that do not operate as for-profit businesses, and do not have endowments exceeding $50 million; and/or b. r libraries or library consortia el igible for assistance from a State library administrative agency under the
Library Services and Technology Act of 1996 that do not operate as for-profit businesses and whose budgets are completely separate from any schools (including, but not limited to elementary and secondary schools, colleges, and universities).
17. (Reserved]
18. P I certify that I will post my FCC Form 470 and (if applicable) make any applicable RFP available for at least 28 days before considering all bids received and selecting a seivice provider. I certify that alJ bids submitted will be carefully considered and the bid selected will be for the most cost-effective service or equipment offering. with price being the primary fuctor, and will be the most cost-effective means of meeting educational needs and technology goals.
19. P' I certify that I will retain required documents for a period of at least I 0 years (or whatever retention period is required by the rules in effect at the time of this certification) after the lasr day of service delivered. I certify that I will retain all documents necessary to demonstrate compliance with the statute and Commission rules regarding the form for, receipt o,t: and delivery of services receiving schools and libraries discounts. I acknowledge that I may be audited pursuant to participation in the schools and libraries program.
20. P I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational pu.rposes, see 4 7 C.F.R. § 54.500, and will not be sold, resold or transfecred in consideration for money or arry other thing of value, except as permitted by the Commission's rules at 47 C.F.R. § 54.513. Additionally, I certify that the entity or entities listed on this form have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the seivice provider, or any representative or agent thereof or any consultant in connection with this request fur services.
21. P I acknowledge that support under this support mechanism is conditional upon the school(s) andlor library(ies) I represent securing access, separately or through this program, to all of the resources, including computers, training, software, internal connections, maintenance, and electrical capacity necessary to use the services purchased effectively. I recognize that some of the aforementioned resources are not eligible for support. I certify that I have considered what financial resources should be available to cover these costs.
22. P' r certify that Jam authorized to procure eligible services for the eligible entity(ies). T certify that I am authorized to submit this request on behalf of the eligible entity(ies) listed on this fonn, that I have examined this request, and to the best of my knowledge, information, and belief, all statements offact contained herein are true.
23. P' I certify that I have reviewed all applicable FCC, state, and local procuremenUcompetitive bidding requ1ICJnents and that I have complied with them. I acknowledge that persons willfully making false statements on this form may be punished by fine or forfeiture, under the Communications Act, 4 7 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the United States Code, I 8 U.S.C. § 100 I.
24. P' I acknowledge that FCC rules provide that perso~-··,.- have been convicted ofcriminal v iolations or held civilly liable fur certafo acts arising from thei ion in the schools and libraries support mechanism are subjec::t to suspension and debannent from
25. Signature of authorized person 27a. Printed name ofauthorized person 27b. Title or position of authorized person Dean
r Check here if the consultant in Item 7 is the Authorized Person. 27 c. Street Address, P.O. Box. Route Number, City, State, Zip Code
1400 Pine St. Lakewood. NJ 08701
27d. Telephone Number of Authorized Person (732) 942-4530 27 e. Fax Number of Authorized Person (732) 363-6104 27f . .B-maiJ Address of Authorized Person [email protected] 27g. Name of Authorized Per.ion's Employer Shiras Chaim
26.Date f/ /;;..)/JS-
FCC Form 470 Applic.ation Number: 739110001286098 SHIRAS CHAIM
J400 PINE Sf LAKEWOOD, NJ 08701.0000
Service provider Involvement with preparation or certification of an FCC Fomi 470 can taint the competidve bidding process and result In the denial of funding requests. For more infonnation, refer to the Schools and Librarl• area of the USAC web site at
www.usac.o /sl or c.all the SLD Client Service Bureau at 1~03-8100. OTrCE: rn llCCOfdancewith Section 54.503 of the Fedc:nl Commwiicaioru Commission's rulos, ocrtain sdlools and libreries oniering services lhlligiblc fur and scdcing universal seivicc disaiwits mu.rt file this Description ofSavices R~cxl and Catifiation Fonn (FCC Form 470) with the ivcnal Scivice Administntor. 47 C.f'. R. f S4.S03(c). The collcaion of infonnation stems fiom the Commission's aithoricy Wider Section 254 of the
ommW1iedions Act of 1934, as amended 47 U S.C. § 254. The dllla In the report will be u.scd to a1S11rc that sdiools mid libraries comply widl the petitive bidding requirement contained in 47 C.F.R. § 54.503. Schools ond libraries must file lhis funn l.hanselves or as part ofa consonium.
n ~ mey not c:onduo. or spons«, and a person is not required to n:spond 10, a collection ofinformllbon unless it displ.ys a a111cn1ly valid OMB I numb«.
FCC 1s llUlhocm:d uodcr the Commwucat1ons Ad of 1934. as ammdcd, ID cullcct the information we n:ques1 in this bm. We will use cbe · nfomu111on you provide to dctcmunc whether approving this l!ppliait1on is in lhe public intcrcrt. If we believe lha:c may be a v1olalioo or a polmlial ;riol•ion or 1111)' applicable Sllll\ltc, regula1ion, rule or order, your appllaition may be n:fcm:d 10 the Fcdml. state, or looil agency respomiblc for · ligating, procccuting. enforcing, or unplemcnting the s1111Ut11, rule, rcgulal!on or order. In certain C&!IC$, !ht infurrru«ion in your application may be iscloscd to the J)qJlwtmcnt of Justice or a coW'I or lldjudicalivc body ~(a) the FCC; or (b) any employee of the FCC; or (o) the United Std.es
vanmcnt is 11 J*t)' ofa prooccding before the body or bes an into"all in the procccdif18. In addition, infonnot100 provided in or submitlcd with this onn or in response to subsequent inquirim may also be subject l.O llisclusure oonslslml with the Communicalions Act of 1934, FCC cqjlllations, the rccdom of lnfocmaiion Act, S U S.C. § 552, or other applicable law.
you owe a past due debt to the federal government, the infonn111ton you provide may also be disclosed to the Dcpartmcn1 of the n-wy Finalcial imgCtrlcnl Service, other Fedcr81 agencies ln<l/oryour cmploya to of&et your salary, !RS ta)( refund or other payments to coll ca tha dell(. The FCC 111 tho proYMk the infomietioo lo lhcse .,cncics througb the matching of computer RlCOn!s \Wm allhorual.
you do not provide the infoonllfion we ro:iuest on the fonn. the FCC may delay procusing of yow spplicatJoo or may ruum yow fonn \\ithout ·on.
tb!qomg Notice is requited by the PapQWOrlc Reduction Act of I 99S, Pub. L. No. 104-13, 44 U S.C. § 3501, et llt/·
ublic reporting burden for th.is oollcction of infonn&ion is e;timlllcxl to ava11&e 3 hours per response, including the time IOr reviewing instructions, ing existing daln sources. gmhering end maintaining the data needed, OO«Dplecing, and reviewing the collection oflnformclon. Send commcnlS ing this burden estimate or any other aspect oflhis collcaion of informaion, including 'ugaesli011$ for R:ducing the n:porting burden IO the Pedc:nl lllliallions Commission, Pcrfonnanc:e Evauation and Records Mimagcmcnt, Washington, DC lOSS4.
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