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Monday, May 07, 2012

Three little birds outside my window

So I was talking to an applicant that filed their 2011-2012 window, and it suddenly hit me: does the window matter for 2010-2011 applicants?  In the heinous Rollover/Tossback Order, the Commission tossed an unlimited amount of cash into that funding year to cover all P2 requests.  So I went back to the order, and it looks like out-of-window Priority One applicants are out of luck.  But if you have an out-of-window P2 application, you're in a bit of a gray area.  Obviously, the FCC didn't mean to cover out-of-window applications, but the order says, "We also direct USAC to use funds currently held in the schools and libraries program reserve accounts to make commitments for priority two applicants at all discount levels for FY 2010...."  It doesn't say anything about limiting it to those applicants who filed in window.

Remember, filing out of window is only a problem if the fund runs out of money.  The fund runs out of money every year, so everyone who files outside the window is denied.  But in this case, the FCC has decreed that there be enough money to fund all Priority Two applications, so the window is meaningless.

Or maybe I just need to read that order more carefully.

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