FCC Lawsuit

Agenda Section: Action
Action Choices: Action
Additional Information: As a reminder, there were two lawsuits related to the failed Idaho Education Network. The first was a lawsuit that Syringa filed against the State of Idaho, Century Link, and Education Networks of America (ENA). The courts eventually found in Syringa’s favor. After several months (years), that lawsuit was settled this past winter. The second lawsuit occurred after the Idaho Court ruled in Syringa’s favor. That ruling essentially said that the contract was null and void. At that time, the FCC filed a lawsuit against the State and any school district or charter who had filed for e-rate dollars. We have received an email/letter from Anderson, Julian, and Hull (AJH), the attorneys representing us in this matter. The purpose of that letter is to inform you that the State has reached a settlement with the FCC on this lawsuit. However, in order for the State to sign this agreement, they need some sort of verification from each school district that they agree with the terms of the settlement. The email from AJH attached a sample motion for the Board as well as an example settlement letter. To be clear, by agreeing to this settlement, it means that there will be no further legal fees. ISBA’s insurance company paid for this cost. It also means that this whole IEN mess will be put to bed once and for all. A member of the Board should make the following motion and I recommend the Board pass it in this meeting. "I move that the Board approve the settlement between the FCC, the State of Idaho and Sugar Salem School District, as well as other Idaho school districts of the pending USAC claims. This settlement appears to be in the District's best interest and helps insure the District's continued access to the E-Rate program for the District." Attached is a file with the letter from Anderson, Julian, and Hull as well as the settlement agreement.
Superintendent's Recommendation: Do Pass
Located in: August