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Abbotsford School District

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Released: December 12, 2012

Federal Communications Commission

DA 12-1998

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
Abbotsford School District
)
File Nos. SLD-875372, et al.
Abbotsford, Wisconsin, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)
)

ORDER

Adopted: December 12, 2012

Released: December 12, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address 91 requests from petitioners seeking review of
decisions made by the Universal Service Administrative Company (USAC) under the E-rate program
(more formally known as the schools and libraries universal service support program).2 The petitioners
are seeking waivers of the FCC Form 471 application filing window deadline under the E-rate program.3
We grant 58 requests and deny 33 requests.4


1 See Requests for Review of the Decisions of the Universal Service Administrator by Academy of Math and Science,
et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-487009, et al., CC Docket No.
02-6, Order, 25 FCC Rcd 9256, 9259-60, paras. 8 & 9 (2010) (Academy of Math and Science Order) (finding special
circumstances exist to justify granting waiver requests where, for example, petitioners filed their FCC Forms 471
within 14 days after the FCC Form 471 filing window deadline; filed their Forms 471 on time, but failed to timely
file their certifications; or filed within 30 days despite medical issues); Requests for Review of the Decisions of the
Universal Service Administrator by Anderson Elementary School, et al., Schools and Libraries Universal Service
Support Mechanism
, File Nos. SLD-789495, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2
(Wireline Comp. Bur. 2012) (treating late-filed item 21 attachments like late-filed certifications); Requests for
Waiver and Review of the Decisions of the Universal Service Administrator by Acorn Public Library, et al., Schools
and Libraries Universal Service Support Mechanism,
File Nos. SLD-637819, et al., CC Docket No. 02-6, Order, 23
FCC Rcd 15474, 15478, para. 7 (Wireline Comp. Bur. 2008) (finding special circumstances exist to justify granting
waiver requests where petitioners filed their FCC Forms 471 late due to circumstances beyond their control).
2 Section 54.719(c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of
USAC may seek review from the Commission. 47 C.F.R. § 54.719(c).
3 The requests for waiver and review are listed in Appendices A-D. Section 54.507(c) of the Commission’s rules
provides for E-rate funds to be made available on a first-come-first-served basis, but requires USAC to implement
an initial funding window that treats all applicants filing within that window as if their applications were
simultaneously received. 47 C.F.R. § 54.507(c). Although some petitioners did not explicitly request a waiver of
the FCC Form 471 application filing window deadline, we treat their requests for review as requests for waiver
because, in each case, USAC denied their funding requests because their FCC Form 471 applications were
submitted after the relevant filing window deadline.
4 See Appendices A-D.

Federal Communications Commission

DA 12-1998

2.
Based on the facts and circumstances of these specific cases, we find that good cause exists
to grant the 58 appeals listed in Appendices A-C with respect to the applications listed therein.5 We grant
the 39 waiver requests listed in Appendix A, because those petitioners’ applications were filed within 14
days of the close of the filing window.6 We grant the 18 waiver requests listed in Appendix B, because
each of those petitioners’ applications was submitted 1) on time but for their certifications or item 21
attachments; 2) within a reasonable period of the filing window’s close despite the person responsible for
submitting the form suffering a serious illness; or 3) within a reasonable period of the filing window’s
close despite other delays beyond the applicant’s control.7 We grant the appeal listed in Appendix C,
because we find that the application identified therein was filed within the filing window.8
3.
Consistent with precedent,9 we also waive section 54.720(a) of the Commission’s rules,
which requires applicants to seek review of a USAC decision within 60 days, for two applicants.10 One
applicant, High School for Recording Arts, submitted its appeals to the Commission within a reasonable
period of time after receiving actual notice of USAC's adverse decision. The other applicant, Office of
Enterprise Technology, did not miss the initial filing deadline with USAC, and therefore it is in the public
interest to waive the deadline for its late-filed appeal to the Commission.
4.
We deny the 33 appeals listed in Appendix D because we find that, with respect to those
applications, the 33 petitioners have failed to present special circumstances justifying waivers of the
Commission’s rules.11
5.
At this time, we find no evidence of waste, fraud and abuse in the record with respect to the
petitioners for which we grant relief. We therefore remand the underlying applications listed in
Appendices A-D to USAC for further action consistent with this order. In remanding these applications
to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications.


5 See Appendices A, B, and C. Generally, the Commission’s rules may be waived if good cause is shown. 47
C.F.R. § 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict
compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166
(D.C. Cir. 1990) (Northeast Cellular). In addition, the Commission may take into account considerations of
hardship, equity, or more effective implementation of overall policy on an individual basis. WAIT Radio v. FCC,
418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission’s rules is
appropriate only if both (i) special circumstances warrant a deviation from the general rule, and (ii) such deviation
will serve the public interest. NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular,
897 F.2d at 1166.
6 See Appendix A.
7 See Appendix B.
8 See Appendix C.
9 Requests for Review and/or Requests for Waiver of Decisions of the Universal Service Administrator by Animas
School District 6, et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-427902, et al.,
CC Docket No. 02-6, Order, 26 FCC Rcd 16903, 16905, para. 4 (Wireline Comp. Bur. 2011) (granting petitioners
waivers of our filing deadline for appeals because they submitted their appeals to the Commission within a
reasonable period of time after receiving actual notice of USAC's adverse decision, or their late-filed appeal would
never have been necessary absent an error on the part of USAC).
10 47 C.F.R. § 54.720(a).
11 See Appendix D; 47 C.F.R. § 1.3; Academy of Math and Science Order, 25 FCC Rcd at 9261, para. 13 (denying
requests for waiver when the petitioners failed to present special circumstances justifying a waiver of section
54.507(c) of the Commission’s rules).
2

Federal Communications Commission

DA 12-1998

6.
ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections
0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a),
that the requests for review or requests for waiver filed by the petitioners listed in Appendices A-C ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.
7.
IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that
section 54.507(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed
in Appendices A and B to the limited extent provided herein.
8.
IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.720(a) of the
Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for High School for Recording Arts and Office
of Enterprise Technology.
9.
IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in Appendix D ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-1998

APPENDIX A

Requests Granted

(FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window)

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Abbotsford School District
875372, 875377,
Abbotsford, WI
875379, 875380,
2012
Nov. 19, 2012
875381, 875382
Alden Public Library
844766
2012
Nov. 19, 2012
Alden, IA
Archdiocese of Detroit Schools
875201
2012
Nov. 26, 2012
Detroit, MI
Chapel Hill Christian School
875145
2012
Dec. 3, 2012
Cuyahoga Falls, OH
Christ the King School
875338
2012
Dec. 3, 2012
Indianapolis, IN
Countryside Christian School
875137
2012
Dec. 3, 2012
Gainesville, FL
Developmental Disabilities Institute
875268, 875276
2012
Nov. 26, 2012
Smithtown, NY
The Dow Leadership Institute
865132, 865138
2012
Nov. 27, 2012
Cleveland, OH
East End Community Heritage School
865510
2012
Nov. 21, 2012
Cincinnati, OH
Entrepreneurship Preparatory School –
Woodland Hills
875375
2012
Sept. 27, 2012
Cleveland, OH
Escuela Hispana Montessori
875128, 875133,
2012
Nov. 26, 2012
New York, NY
875136, 875139
First Baptist Head Start
875406
2012
Nov. 14, 2012
Pittsburg, CA
First Place Academy
875141
2012
Dec. 3, 2012
Trenton, FL
Forks of Salmon School District
875590
2012
Nov. 27, 2012
Forks of Salmon, CA
Georgetown School District
875366
2012
Oct. 31, 2012
Georgetown, OH
Grand Prairie Elementary School
875312
2012
Oct. 10, 2012
Centralia, IL
Hayden Elementary School
875754
2012
Nov. 20, 2012
Hayden, AL
High School for Recording Arts
821295
2011
Sept. 7, 2012
St. Paul, MN
High School for Recording Arts
866589
2012
Sept. 26, 2012
St. Paul, MN
Kingsland School District 2137
875488
2012
Oct. 9, 2012
Spring Valley, MN
4

Federal Communications Commission

DA 12-1998

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Laona School District
864102
2012
Oct. 31, 2012
Laona, WI
Mary Help of Christians Academy
875672, 875751,
2012
Nov. 5, 2012
North Haledon, NJ
875752
Morgan County School District
875443
2012
Nov. 26, 2012
Decatur, AL
New Life Child Development Center UPK1
875297, 875298
2012
Nov. 26, 2012
Brooklyn, NY
Northwest Passage 1
875674
2012
Nov. 26, 2012
Frederic, WI
Oxford Area Community Schools
847501
2012
Nov. 27, 2012
Oxford, MI
Plymouth Educational Center Charter School
875112
2012
Nov. 26, 2012
Detroit, MI
Polk County Public Library System
875671
2012
Oct. 16, 2012
Columbus, NC
Proviso Township High School District 209
875264
2012
Nov. 9, 2012
Forest Park, IL
Riverside Christian School
875142
2012
Dec. 3, 2012
Trenton, FL
Riverton School District 14
875180
2012
Nov. 28, 2012
Riverton, IL
St. Elizabeth A Seton – Bellmore
875588
2012
Nov. 23, 2012
Bellmore, NY
Saint Francis Xavier Catholic School
875739, 875740,
Baton Rouge, LA
875741, 875742,
2012
Oct. 9, 2012
875743
Victor Valley Christian School
875134
2012
Dec. 3, 2012
Victorville, CA
Wayland Free Library
868695
2012
Nov. 16, 2012
Wayland, NY
Wheatland Joint School District No. 1
875862
2012
Nov. 1, 2012
Burlington, WI
Wheelerville Union Free School
875320
2012
Oct. 22, 2012
Caroga Lake, NY
Wisdom Academy
875144
2012
Dec. 3, 2012
Jacksonville, FL
Worshipers House of Prayer Academy
875143
2012
Dec. 3, 2012
Miami, FL
5

Federal Communications Commission

DA 12-1998

APPENDIX B

Requests Granted

(Waivers Granted for Other Special Circumstances)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Almont Community School District
844053
2012
Dec. 4, 2012
Almont, MI
Ballard R-2 School District
852627
2012
Nov. 27, 2012
Butler, MO
Chester Community Charter School
851059
2012
Nov. 7, 2012
Chester, PA
Dufur School
875714
2012
Nov. 16, 2012
Dufur, OR
Eastern Lancaster County Library
875811
2012
Dec. 4, 2012
New Holland, PA
House of Good Shepherd School
875878
2012
Nov. 30, 2012
Utica, NY
Iowa City Community School District
853144
2012
Nov. 5, 2012
Iowa City, IA
Ketchikan Gateway Borough School
District
862694
2012
Oct. 31, 2012
Ketchikan, AK
Kitchell Memorial Library
875903
2012
Oct. 25, 2012
Morrisonville, IL
Life A-New Preparatory Academy
875951, 875953,
2012
Oct. 9, 2012
Grandview, MO
875988, 875989
Manhattan High School for Girls
851063
2012
Nov. 30, 2012
New York, NY
Mark Twain Union Elementary School
874157, 874255,
District
874341, 874441,
2012
Nov. 29, 2012
Angels Camp, CA
874499, 874607, 874649
Middletown Public Library
875853
2012
Nov. 19, 2012
Middletown, OH
New Mexico School for the Deaf
835905, 860470
2012
Nov. 21, 2012
Santa Fe, NM
Port Isabel Public Library
868312, 867702
2012
Oct. 17, 2012
Port Isabel, TX
St. Gerard School
874517
2012
Dec. 4, 2012
Lansing, MI
Wakeeney Unified School District 208
828657
2012
Oct. 9, 2012
Wakeeney, KS
Washington County School District
867174, 870375
2012
Sept. 27, 2012
Plymouth, NC
6

Federal Communications Commission

DA 12-1998

APPENDIX C

Request Granted

Application Filed within the Funding Window

Petitioner

Application

Funding Year

Date Request for

Number

Review/Waiver

Filed

Office of Enterprise Technology
421408
2004
Jun. 26, 2006
St. Paul, MN

APPENDIX D

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Albany County School District 1
876927
2012
Nov. 7, 2012
Laramie, WY
Baxter Community School District
876887
2012
Oct. 31, 2012
Baxter, IA
Beach Cities Chabad
875306, 875308
2012
Nov. 26, 2012
Redondo Beach, CA
Botetourt County School District
875700
2012
Nov. 30, 2012
Fincastle, VA
Carlisle Public School District
876007
2012
Dec. 3, 2012
Carlisle, MA
Chaya Mushka Children’s House
875303, 875304
2012
Nov. 26, 2012
Sandy Springs, GA
Cheder at the Ohel – New Campus
875292, 875300,
2012
Nov. 26, 2012
Valley Stream, NY
875301
Community Library of the Shenango Valley
877347
2012
Oct. 3, 2012
Sharon, PA
Crane R-III School District
876807
2012
Nov. 21, 2012
Crane, MO
East Haven Public Schools
832870, 876867
2012
Oct. 9, 2012
East Haven, CT
Elizabeth Titus Memorial Library
877527
2012
Oct. 9, 2012
Sullivan, IL
Emek Hebrew Academy
875140, 875361
2012
Nov. 26, 2012
Sherman Oaks, CA
Frankel Jewish Academy
876347
2012
Oct. 16, 2012
West Bloomfield, MI
Hamilton School District R-2
875872
2012
Oct. 19, 2012
Hamilton, MO
Holy Spirit School
875966
2012
Nov. 30, 2012
Pequannock, NJ
Idyllwild Arts Academy
876428
2012
Oct. 9, 2012
Idyllwild, CA
7

Federal Communications Commission

DA 12-1998

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Ilion Free Public Library
875807
2012
Oct. 24, 2012
Ilion, NY
Iroquois West School District 10
876627
2012
Nov. 8, 2012
Gilman, IL
Kenyon-Wanamingo School District 2172
877267
2012
Nov. 13, 2012
Wanamingo, MN
King-Chavez Academy of Excellence, Inc.
877387
2012
Oct. 24, 2012
San Diego, CA
Lehighton Area Memorial Library
877367
2012
Oct. 24, 2012
Lehighton, PA
Masconomet Regional School District
877247
2012
Nov. 9, 2012
Topsfield, MA
Mequon-Thiensville School District
877449
2011
Oct. 31, 2012
Mequon, WI
Muncy School District
877327
2012
Oct. 15, 2012
Muncy, PA
Orcas Island School District 137
877607
2012
Nov. 6, 2012
Eastsound, WA
Oregon-Howell School District R3
876827
2012
Nov. 28, 2012
Koshkonong, MO
Poplar Creek Library District
875990
2012
Nov. 16, 2012
Streamwood, IL
Sacred Hearts School
875896
2012
Nov. 5, 2012
Sun Prairie, WI
Saint Francis School District
875938, 875939,
2012
Nov. 14, 2012
Saint Francis, WI
875940, 875946
Schuylkill Haven Area School District
877187, 877188
2012
Nov. 2, 2012
Schuylkill Haven, PA
Torah Academy – Lawrence Cedarhurst
High School
875362, 875363
2012
Nov. 26, 2012
Cedarhurst, NY
USA Outreach
875357, 875358
2012
Nov. 26, 2012
Valley Village, CA
Yeshiva Rabbi Samson Raphael Hirsch
School
875350, 875359,
2012
Nov. 26, 2012
New York, NY
875360
8

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